Can she file adultery against me for a cause of divorce?

Asked about 1 year ago - Atlanta, GA

She has no substantial evidence, only a few text messages she retrieved by going thru my phone and some credit card statements that she is not joint on that shows I bought clothes from a woman's clothing store. She is trying to turn my children against me, saying I left them(the children) for another woman. My wife and I have lived in separate bedrooms for a few years now.

Attorney answers (4)

  1. Glen Edward Ashman


    Contributor Level 20


    Lawyers agree

    Answered . Sure she can (whether she proves it is something else, but she can get a divorce regardless), but you have FAR bigger issues - custody, visitation, support. You needed a lawyer - yesterday. Hire one.

    And with that evidence, and an investigator, she can probably find out more. (That may or may not be central to the case).

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Steven P. Shewmaker

    Contributor Level 12


    Lawyers agree

    Answered . Yes, she can do this, very easily. Proof of adultery can come in many shapes and sizes. Rarely does one spouse get (legally) some video proof of adulterous sex. BUT, lots of kinds of circumstantial evidence can prove adultery.

    The evidentiary standard before a judge or a jury (Yes, in Georgia and Texas you can still see a jury in a divorce case - like the jury doesn't have enough to do!) is a "preponderance of evidence" standard, meaning just a little bit more evidence of adultery than not. And the standard of review on an appeal is an "any evidence" standard, meaning that if the judge (or jury) finds any evidence of adultery, their decision stands.

    So, what sort of evidence can determine it? Racy text messages and emails, significant time alone with the paramour, purchases of certain items (like condoms, lingerie, expensive jewelry, women's clothing, hotel rooms, etc.)

    Proof of adultery can play an important role in your case. It could bar alimony to be paid to you. It could effect the division of property, and it could effect child custody determination.

    Hope this helps. Good luck.

  3. Emily Su-Hwa Yu

    Contributor Level 14


    Lawyers agree

    Answered . Your Wife can definitely file under the grounds of adultery. Like my colleague stated, whether she can prove it is a different question. You should speak with an attorney about her behavior with the children, trying to turn them against you, etc. because those are things that can be helpful in your divorce action.

  4. John Arnold Steakley

    Contributor Level 18


    Lawyer agrees

    Answered . Sure she can. She can also divorce you for pretty much no reason at all. The adultery is icing on the cake.

    Get a lawyer ASAP.

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