Alpharetta, GA asked in Divorce, Family Law and Child Custody for Georgia

Q: I committed adultery, now during divorce she is committing adultery. Will that affect Alimony? Custody?

I committed adultery and my wife filed for divorce. We are still in the middle of the divorce and now she is dating someone. Can that affect her alimony? I have proof of the guy spending the night at her house with our toddler there asleep. Can that affect custody?The case is in Georgia.

2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Divorce Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: It likely will not affect alimony. In order for it to affect alimony, the adultery needs to be the cause of the separation. It appears that the marriage ended because of your adultery and she is dating now. Whether or not the person spending time overnight with your child there is enough to affect custody, that is a judge-specific question. Likely not, though. If that is the only "smoking gun" you have, it probably will not convince a judge to change custody from her to you if she has been the primary caretaker.

Michael D. Birchmore agrees with this answer

1 user found this answer helpful

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Divorce Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. This wasn't the cause of the divorce. It seems you are separated and she is seeing someone else. So it is not likely to impact the situation.

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