The court can also prohibit your spouse, solely as a result of her adultery, from obtaining an alimony award, regardless of your relative financial positions after the divorce.Deciding whether to admit to adultery during divorce proceedings is a personal decision, and one that ultimately, will not affect your ability to get a divorce.Since Georgia continues to recognize your legal marriage during periods of pre-divorce separation, the fact that your spouse commits the adultery during this separation period doesn’t preclude you from filing for divorce on adultery grounds.In reality, proving that the post-separation adultery was predominantly responsible for the breakdown of your marriage is difficult.On the one hand, if you admit to adultery, you may speed up the divorce process, and you won't have to defend suspicious text messages or emails in court.On the other hand, state laws may favor the innocent spouse when it comes to the divorce settlement – meaning, that you may lose out on alimony or marital property, if you admit to having an affair.By the mid 1980s, almost every state had its own version of no-fault divorce on the books.Nuances in state law make it extremely important for individuals to be aware of the divorce law within the state where they live.
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Most couples in Georgia who file for a divorce use the no-fault ground since it minimizes the duration of the divorce proceedings and eliminates the emotional efforts involved when publicizing the intimacies of your marriage and the resulting adultery to the court.
However, there are benefits to filing your petition on fault grounds if you can prove adultery, as Georgia courts can rule in your favor on issues like alimony and the distribution of marital assets.
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Provided you inform the court that there is no hope for reconciliation, Georgia judges will make no further inquiry into the reasons.