Legal Question in Family Law in Georgia

My wife and I have separated. We had an open marriage during last 6 months, but lived in the same house. I have asked her to stop seeing the person she has seen during this time period. She refuses and will not attempt to work on our marriage. I do not want it to end. We have a 7 year old son and I hope to become the custodial parent. Because she will not stop seeing this man, is this considered adultery even though I knew about it prior? I hope so.


Asked on 12/30/10, 7:39 pm

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

Adultery (by either of you) is a crime in Georgia. Adultery is only a ground for divorce if it is the cause of the breakup and not condoned by the other party, which may rule it out on the facts you stated.

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Answered on 1/04/11, 7:48 pm


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