Thursday, August 20, 2009

Adultery--How Much Proof is Really Necessary in a Georgia Divorce?

As the title of the book above suggests, adultery is commonplace in our society. Nobody has to convince you of that fact, do they? According to Wikipedia, studies have revealed that 10-15% of women and 20-25% of men admit to having "done it," and the Kinsey studies suggest the numbers who actually "do it" are probably higher. So, we all know it is reality, but the question remains: How do you prove your wayward spouse, "Sluggo," has been "up to no good?"
In a Georgia divorce, do you have to hire a private investigator to "hide in the bushes" and get pictures of "Sluggo" and his new, true love in flagranti? As a divorce lawyer, I would answer, "no," but, of course, I must add that I wouldn't turn down such clearcut evidence!
The truth is that, while each case is different, (and each case must be carefully analyzed by you and your divorce attorney), adultery in Georgia can sometimes be proven by circumstantial evidence, even if you don't catch them in the act. However, it is also important to point out that Georgia case law also indicates that if there are two interpretations to be drawn from the suspicious circumstances, then such evidence will be insufficient.
So, the bottom line is that, if you suspect "Sluggo" is running around on you, then you should carefully discuss the proof of infidelity with your divorce lawyer. You may need to hire a private investigator or otherwise shore up your proof. But the other bottom line is that, at least in Georgia, you don't necessarily have to catch "Sluggo" in the act in order to prove adultery!

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