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While attempting to reconcile, after learning of my husband's affair, we had sex. Can I still sue for adultery?

Atlanta, GA |

A month after I found out about my husband's affair, I agreed to give our relationship a second try, . He even promised to go to marriage counseling, but eventually backed out. After a few tries at reconciliation, including having sex, he suddenly wasn't interested anymore and soon began dating someone else (to all this, we are still married). He denies having sex with her. Can I still sue for adultery?

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Attorney answers 5


Condoned adultery is not a grounds for divorce, although his new relationship may be if you prove it. Since Georgia has a no fault divorce law , once you get a lawyer, you can seek a divorce regardless of proving anything.

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If the adultery was the ultimate basis for the divorce, you can use that as the basis to file. The reconciliation tempers that argument somewhat, but you could still use it. However, unless there is a good basis to start a war, you may not need to use that as a basis, as it sound like you could file on the basis that the marriage is irretrievably broken. Seek some legal advice about whether or not you need to go this route and start protecting your own interests.

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Condonation makes the adultery irrelevant.


The general rule is that having marital relations post adultery is a "condonation" and therefore nullifies adultery being the grounds for divorce. But, reality dictates that it is just a matter of time before he's unfaithful again and you can use those particular grounds for divorce later. On a practical note, you can still file on no-fault grounds (irretrievably broken marriage) and seek the relief you desire. It sounds to me like he is interested in things other than working on your marriage and I would suggest saving yourself any further grief and consulting an attorney to help you through this.


It depends. If you had sex after discovering the adultery, then you "condoned" his relationship which means you could not sue for adultery. However, condonation implies a promise that he would not cheat again. If you can prove that he is cheating again, then there is no condonation, and your adultery claim would still be good. One reason why you would want to prove adultery is to prevent your husband from seeking alimony, because adultery is a bar to alimony. However, if that is not an issue, then consider just filing for a no-fault divorce.

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