in Georgia, is it against the law for your spouse (my husband to be exact) to cheat with another woman?

Question

He also keeps playing games with me. We are still legally married, but he got kicked out because he refused to work. He keeps saying he wants to work on our issues, but then the next day he goes back to her.

I have talked to an attorney and it's going to cost 430.00 to get rid of him. I have nobody to loan me that kinda money!

Answer 1

Bills Would Extend Waiting Time for Divorce, Add Adultery Penalty
Associated Press, January 13, 2005

ATLANTA—Lawmakers are pushing bills that would make spouses seeking a divorce wait longer and punish those who commit adultery by causing them to lose their rights to marital property.

A Senate bill introduced yesterday would extend the waiting period for divorce from 30 days to six months for an uncontested divorce of a couple with children; the wait would be extended to four months if no children were involved. The bill is being introduced by state Senator Mitch Seabaugh—a Republican from Sharpsburg.

A similar bill was approved in the Senate last year but died in the House. The divorce bill has a good chance of passing this year with Republicans in control of the House.

In the House, state Representative Nikki Randall—a Macon Democrat—filed a bill that would prohibit people seeking a divorce from receiving any marital property if they had committed adultery.

Georgia Divorce Law

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Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of Georgia, but does contain basic and other procedures.

Grounds for divorce
A divorce may be granted in the State of Georgia on the following grounds:
1. Incest;
2. Mental incapacity at the time of marriage;
3. Impotency at the time of marriage;
4. Force, menace, duress, or fraud in obtaining the marriage;
5. Pregnancy of the wife by one other than the husband at the
time of marriage, unknown to the husband;
6. Adultery by either party;
7. Willful and continued desertion by either party for one
year;
8. Conviction and imprisonment for at least two years for a
crime of moral turpitude;
9. Habitual intoxication or drug addiction;
10. Cruel treatment;
11. Incurable mental illness;
12. The marriage is irretrievably broken. CGA 19-5-3

Waiting period
A divorce based upon the irretrievable breakdown of the marriage shall not be granted until at least 30 days have elapsed from the date of service upon the respondent. CGA 19-5-3

Residency requirements
The party filing for divorce must have been an actual and bona fide resident of the State of Georgia for at least six months prior to the filing of the petition for divorce and such divorce action shall be filed in that party's county of residence. If the filing party is a non-resident of the State of Georgia and the other spouse has been a resident of the state for six months, the filing party may file the petition in the county in which the other party resides. CGA 19-5-2

Name of court and title of action/parties
An action for divorce is filed with the Superior Court. The action initiating the divorce proceeding is the Petition, while the action granting the divorce is referred to as the Final Judgment and Decree of Divorce. The filing party is called the Petitioner, while the other spouse is referred to as the Respondent. CGA 19-5-1,19-5-5

Simplified divorce proceeding
There are no provisions within the State of Georgia for simplified divorce proceedings.

Legal separation
When the spouses are separated, the State of Georgia permits either party to petition the court for support on that party's behalf or on the behalf of any minor children of the marriage. CGA 19-6-10

Conciliation/mediation
In any county with alternative dispute resolution programs, the court may refer all contested petitions for divorce to those programs. In addition, in counties without such programs, the court may still refer any disputed divorce case to participate in any reasonably available alternative dispute resolution program as it sees fit. CGA 19-5-1

Alimony
Alimony may be awarded to either spouse on either a permanent or temporary basis in accordance with that party's needs and the other party's ability to pay, although a party is not entitled to alimony if the court determines that the cause of the spouses separation was due to that party's adultery or desertion. The amount of alimony will be determined by the court after consideration of the following factors:
1. The standard of living established during the marriage;
2. The duration of the marriage;
3. The age, physical and emotional condition of both parties;
4. The financial resources of each party;
5. The time necessary for either party to acquire sufficient
education and training to find suitable employment;
6. The contribution of each spouse to the marriage;
7. The condition of the parties, including the separate estate,
earning capacity and fixed liabilities of each party;
8. Any other factor the court deems relevant and just.

Distribution of property
The court will distribute the marital property of the parties between them as it deems equitable and just, after setting aside to each spouse that party's separate property.

Child Custody
The issue of custody of any minor children of the marriage will be determined by the best interests of the child. The court shall not prefer one party over the other on the basis of sex. The court will consider instances of domestic violence in determining custody and may also order a psychological or medical evaluation of the family as it deems necessary. CGA 19-9-3

Child support
Either party may be ordered to pay child support. Georgia has enacted child support guidelines which establish the presumptively correct amount of support to be paid. Deviation from these guidelines require a specific written finding on the record of the proceeding that the application of the guidelines would be inappropriate or unjust in the particular case. The record must further state what the amount of support would have been under the guidelines. Justification for deviation from the guidelines include such things as:
1. The ages of the children;
2. Educational costs;
3. A child's extraordinary medical costs;
4. Day-care costs;
5. Shared physical custody arrangements;
6. A party's support obligation to another household;
7. Income that should be attributed to a party because of that
party's artificial suppression of income;
8. In-kind income for the self-employed;
9. Other support a party is willing to provide;
10. A party's own extraordinary expenses;
11. Extreme economic circumstances;
12. Historical spending in the family for children;
13. Cost of living factors;
14. Any other factor the court deems to be required by the ends
of justice.

The duty of support shall continue until the child reaches the age of majority, dies, marries or becomes emancipated, whichever occurs first. The court may, however, under certain circumstances, order the continued support of a child who is enrolled in a secondary school until the child reaches the age of twenty.

The court may also order a party to provide medical insurance for the child if such insurance is reasonably available. CGA 19-5-3

Name change
In all divorce actions, upon request, the court may restore a party to a former or maiden name. CGA 19-5-16

Answer 2

I see you write at a college level, and obviously can read well......girlfriend what are you confused about. He's not husband material for YOU. You need a man that understands his Biblical, Legal, and ethical role in the marriage. He can't be an effective loving husband/leader (1Cor7:3) cheating on his wife, and not working. That's just backwards. Now if you feel this fool is worth that hassle I'd suggest religious marriage counseling, otherwise, seek and find a REAL MAN.

Answer 3

he goes back to her so he can avoid taking responsibility for himself, is there some kind of legal aide where you live that could help you? he is not really willing to work on the problems. there is no law that punishes adultry, it is just morally wrong, and shows the true character of the person doing it.it shows where his heart is,and what he is really thinking. it's easier to just get a divorce than go through all the pain and rejection. his actions speak much louder than any thing he is saying.

Answer 4

Sure, send them an anonymous note. Give them each others' phone number. You'll be doing them both a favor. If I were one of those women, I'd love to know before I got too hurt. Rats deserve to have lightening strike them from no where!!!! Tho I think revenge erodes the soul, sometimes rats really do deserve to be proven that they aren't all that smart. Go girl.

Answer 5

I'm not sure of the specifics in your state, but I know that in California, nomatter if there is infidelity or not, it's a community property state, so in a divorce, things get split evenly--unless you sue afterwards civilly.

With that said...you need to get out of this relationship. He is obviously a deadbeat, because he won't work, and the fact that he is actually in a relationship with another woman makes him not worth your effort. I know it's sad, but you need to leave him and make a clean break NOW!

Answer 6

..and you take him back? Look...adultery has been off the books as a crime for years. So has "lascivious carriage". Although in Georgia, Alabama and Louisiana who knows what archaic laws still exist.
But I doubt it. Civilly it is an issue...hence the reasons for divorce court. So forget about having him or her arrested...that does no good. File and get the ball rolling.

Answer 7

I don't know about against the law but I'd divorce him so fast it would make his head swim. He's doing whatever he wants and playing games. Cut your loss and show him the road and let the other one have him. You'll come out the winner.

Answer 8

As far as I know it is against the law everywhere. Here where I live if you commit adultery legally the adulterer is entitled to nothing.

Answer 9

Check your state laws. When I got divorced (many years ago) in Mississippi, adultry was a criminal offense there...other states, it's not as much of an issue...

Answer 10

Cheating is not against the law but it is morally wrong. As for your divorce, start saving! Dump the jerk!

Answer 11

well he is making no progress, action speaks louder than words, the police will not enforce that law, because the jail would be overcrowed.you might want to start moving on with your life , and he will come running back.