What are Georgia's laws on marital interference and alienation of affection?

Full question:

Does Georgia have any laws pertaining to Marital Interference or Alienation of Affection that may be used in either divorce proceedings or in civil litigation?

  • Category: Divorce
  • Date:
  • State: Georgia

Answer:

In Georgia, alienation of affection refers to the act of persuading a spouse to leave their partner, typically resulting in the loss of marital relations. However, the ability to sue for alienation of affection was abolished in Georgia in 1979, as it has been in most states.

Georgia recognizes 13 grounds for divorce, including adultery and cruel treatment. Yet, most divorces are granted based on the ground that the marriage is 'irretrievably broken,' which is a no-fault divorce. This means that proving wrongdoing is not necessary.

According to Georgia Code § 16-6-19, a married person commits adultery if they voluntarily engage in sexual intercourse with someone other than their spouse, which is punishable as a misdemeanor.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If you suspect your wife is cheating, gather evidence discreetly, such as texts or photos. Consider discussing your concerns with her directly. It may also be beneficial to seek counseling or legal advice to understand your options regarding divorce or separation. Remember that in Georgia, infidelity can impact divorce proceedings, but most divorces are granted on no-fault grounds.