Family & Personal Questions & Answers

A: One of the most common questions is if proof of adultery is important. And the answer is definitely YES, even with Georgia being a "no-fault" divorce state. No Fault Divorce means the state permits spouses to claim that the marriage is irretrievably broken without placing blame for the demise of the marriage on either one. However, a court may consider infidelity as it pertains to specific matters of the divorce settlement, including alimony, child custody and division of marital property. A 2011 Georgia Code (O.C.G.A. § 19-6-1) states that "... party shall not be entitled to alimony if it is established by a preponderance of the evidence that the separation between the parties was caused by that party's adultery or desertion."

Proving that the reason for the separation and pending divorce is because of an adulterous relationship becomes imperative in this situation. Adultery can be hard to prove and you need supporting, independent evidence. A feeling or a belief that your spouse committed adultery isn't enough proof. Quite often, depending on the evidence gathered and how it is presented, a professional investigation can be the catalyst in bringing the matter to a successful resolution between the parties, eliminating the stress, costs and embarrassment of a long legal court proceeding.

If you or someone you know is going through a divorce or even contemplating a divorce and suspect that adultery has taken place, do not hesitate to contact Hawk Private Investigations to help with the investigative process. Being prepared and having the most accurate information possible is the most responsible way to handling a divorce, and HPI is readily available to help collect information that will help you build a winning case.

A: Yes, proof of adultery can certainly affect custody issues. Specifically, if your spouse has introduced a third party to your children, the courts, as well as the court appointed Guardian Ad-Litem, look negatively on this. The character, background as well as behavior patterns of your spouse or his/her paramour is considered when determining who is the better parent and with whom the children are best placed.