Yes, Georgia is a no fault divorce state.
Yes, adultery is considered a crime in Georgia. (It is a misdemeanor.)
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.
Even though Georgia is a no fault divorce state, you can still bring a divorce action on the grounds of adultery. Sometimes it is important to have a divorce on the fault grounds of adultery to allow remarriage in some religions.
Also, if you can show that the adultery is the cause of the breakup of the marriage, that may help in the final outcome of the other issues that need to be resolved in a divorce.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
I agree with the poster above regarding your ability to seek a divorce on the ground that your spouse has committed adultery. It is also true that there is a statute on the books criminalizing adulter. However, I have not seen the state prosecute anyone criminally for adultery in quite some time.
Disclaimer: Consistent with Avvo policy, this response is for general purposes only and does not establish an attorney-client relationship.
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