Legal Question in Family Law in Georgia

In a marriage where there are children from both partners(husband and wife),one spouse wants to be non sexual with the other spouse.Now,the other spouse don't agree to be in non sexual relationship/marriage.The question is this-will it be cheating if the spouse that doesn't agree to the non sexual part of the realtionship in turn finds other people to become sexual with-will it be cheating/adlutery?Reason for the question is this-withholding sex in a marriage is a form of neglect,isn't it?


Asked on 1/11/10, 7:13 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Anyone who sleeps with someone else when married commits adultery.

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Answered on 1/16/10, 7:26 pm
Antonio Mari Mari Legal Group

Yes - being married and sleeping with someone else is adultery. No - withholding sex is not a form of neglect and does not give grounds to divorce - but that doesn't matter as Georgia is a no-fault state and you can get divorced if you marriage is "irretrievably broken"

This is general information and not intended to be specific legal advice or establish an attorney-cleint relationship. The facts of individual cases determine how a particular case might play out in a court. If you have a pending legal matter, you need to consult an attorney directly.

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Answered on 6/17/10, 6:16 am


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