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

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. 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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. 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.


  3. 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.

    ↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.


  4. 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.

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