You can sue your wife for divorce, and use the fault grounds of adultery. However, there is no separate cause of action for the adultery. You also need to resolve the issue of the child. Since you were married to her when the child was born, the law presumes that you are the father. The court will expect you to support the child unless you overcome that legal presumption with actual proof, such as a DNA test.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
You cannot sue your wife for emotional distress or adultery. You can sue for divorce.
You will want a skilled lawyer, as that child now is presumed yours (meaning you must pay support). That issue HAS to be resolved in your divorce.
There is no civil cause of action for adultery. Though this is a crime under Georgia law, you would be hard pressed to find a district attorney willing to pursue the charges. Thus, you cannot sue for adultery.
Cheating does not qualify for a claim for emotional distress.
You can, and probably should, file a complaint for divorce.
You can, and absolutely should, pursue an order establishing that you are NOT the father of your wife's daughter (thus terminating your current obligation to support the child).
Good luck moving on from here.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
There is not a separate cause of action in Georgia for adultery, however, it is a criminal offense in Georgia. But I don't think you would be able to find a prosecutor that would be willing to charge your wife with the crime of adultery! Your question does not indicate that you want to file for a divorce from your wife.
If divorce is something that you are considering, adultery is a ground for divorce. Also, in the divorce you could address the issue of the child. In Georgia, there is a presumption that a child born when the mother is married is the child of the husband. You would need to address the issue of NOT being the child's biological father in order to defeat a claim for Child Support. If your wife claims the child is yours, a DNA test will be necessary in order to prove you are not the biological father.
If divorce is not an option for you, I would suggest that you take action to address the issue of paternity of the child in order for you to protect yourself from a claim for child support in the future. I would advise you in either case to retain a qualified and competent Divorce/Family Law attorney in your area to address these complicated issues. I hope this information has been helpful. Good luck!
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
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