Family law is very strict and often quite complex when it comes to dealing with divorce cases where a spouse is claimed to be involved in adultery. Therefore, the role and importance of having a family attorney just cannot be underrated. There are different provisions for no-fault and fault divorce proceedings. The individual who is filing a fault divorce petition must provide proofs of the kind of wrongdoings the other spouse is engaged in.
Adultery Is One Of The 12 Possible Grounds For Fault Divorce
As per the Atlanta laws, there are 12 possible grounds to file a fault divorce; adultery is one of them. The other grounds include habitual drug addiction, incurable mental illness, cruel treatment, habitual drunkenness, conviction of a felony, willful and continued desertion by either of the spouse for a period of twelve months, impotence at the time of marriage, mental incapacitation, and force, duress and fraud.
The Legal Definition Of Adultery
When a person is having an extra-marital affair, it is adultery. The laws however have defined it more specifically – adultery is a situation when a married person has sexual contacts with an individual other than his/her spouse. It can be any type of sexual contact, including sexual intercourse. The expert guidance of divorce lawyers will help you understand the legal proceedings so that you can make an educated decision. Atlanta laws recognize two types of adultery cases – homosexual activity and hetrosexual activity by a married person. Though the traditional definition of adultery is limited to sexual intercourse only, Atlanta laws are much stricter in this regard.
Time Frame
The laws in Atlanta though do not have any specific provisions regarding the time frame between the commencement of a divorce case and the adulterous activity by a spouse, the court does have the right to review the time frame and decide whether the case should be handled as a fault or no-fault divorce. For example, if your spouse was engaged in adultery a few years back and you are filing the petition for divorce now on that ground, it will be very difficult for you to convince the court that your marriage got affected because of those activities by your partner that he/she did a few years back. You may have the logic that you came to know about your spouse’s adultery only now, but the court is likely to ask you to file your petition as a no-fault divorce because a significant period of time has already passed without affecting your marriage.