What do I do in case of an affair in Georgia?
Question: I live in GA where adultery is considered grounds for divorce. When I found out about my wife's affair we decided to stay married for a time so that she could get her business off the ground and we could move closer to the kids' school and work in order to make post divorce life easier. Well two years later her business is running and we moved into a cheaper and more convenient house. My thought during all this was that what's good for her is good for the kids. During that time she continued the affair although she told me it was over. We also moved into separate bedrooms and have not slept together.
In GA adultery is grounds for denial of alimony if the affair was the cause of the breakup. My questions are two-fold: (1) Do I pass the "cause of breakup" test and (2) what is the burden of proof for adultery? If I'm trying to deny her alimony I'm sure she'll deny it. I don't have pictures and since the affair is over it's too late for that. I do have lot's of incriminating instant message dialogs from our home computer gathered with a logging program. Her friends certainly know but they wouldn't admit it and neither would her ex-boyfriend. The ex-boyfriend's current girlfriend and my wife hate each other (amazing what you learn with the IM logs) so she may rat her out but I only know her first name. She also admitted the affair during a marriage counseling session - maybe I can subpoena the counselor?
Answer: I can not answer your question specifically to the State of Georgia.
Please note that we do have a Georgia office in Atlanta and you can contact 1-866-DADS-LAW for more specific information.
You appear to have concerned the proof issue. That is positive. I would not automatically give up on third parties testifying, including the ex-boyfriend. They can be subpoenaed to testify at a deposition and court. It is one thing to stand up for a friend, but another to stand up for a friend and commit the crime of perjury. The computer records are a very good basis for proving an affair.
Please note that if you used a "spyware" type devise to acquire the chat records there was a case just decided in Florida that those records can not be used in a divorce. While the Florida case would not be directly applicable to Georgia, it does show a trend on how State Courts are dealing with the interception of computer records.
As indicated above, I cannot state the burden of proof specifically for Georgia, but generally you appear to have a solid case on establishing grounds for divorce. However, the problem is the delay from the time you discovered the affair until you acted. A court could easily determine after two years of marriage following the start of the affair that the affair is not longer the reason that the marriage failed.
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