Adultery is one of thirteen grounds that you can choose from when obtaining a divorce. Adultery can be found in the conduct of either party after the marriage. There are some circumstances where adultery cannot be utilized as a ground for divorce. O.C.G.A § 19-5-4 specifies as follows:
“No divorce shall be granted under the following circumstances:
The adultery, desertion, cruel treatment, or intoxication complained of was occasioned by the collusion of the parties, with the intention of causing a divorce;
The party complaining of the adultery, desertion, cruel treatment or intoxication of the other party was consenting thereto;
Both parties are guilty of like conduct; or
There has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.
In all such cases, the respondent may plead in defense the conduct of the party bringing the action and the jury may, on examination of the whole case, refuse a divorce.”
Even if you are going to plead a fault ground such as adultery in Georgia, you should always companion with Georgia’s no-fault ground “of irretrievably broken” so that a divorce can be granted regardless of the court’s determination of fault. To get the best results in a case alleging adultery, you should speak with an experienced attorney. If you need assistance, contact our office at 770-762-4628.