Legal Question in Family Law in Georgia

My wife had an affair which she has admitted to we are going to try to go to counseling to see if we can work through it,if I does not work can i still file for a divorce on grounds of adultery?


Asked on 8/06/11, 9:38 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No.

Adultery is a ground for divorce if and only if it causes the separation. In trying to reconcile, the adultery is forgiven.

You could still file for a divorce on no fault or other grounds.

Note by the way that adultery in Georgia divorce law has a narrow definition. It must involve sexual intercourse. Oral sex is not adultery.

Because proving adultery is difficult and time consuming, attorney and private investigator expenses quickly add up. Divorces are almost always granted on no-fault grounds.

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Answered on 8/06/11, 10:15 am


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