QUESTION

If I file for divorce because of my husbands drug use, will I be entitled to anything if he proves I had the opportunity to commit adultery?

Asked on Feb 03rd, 2014 on Divorce - Georgia
More details to this question:
We were separated for a couple of months. This was a year and a half ago. I had opportunity to cheat and he has phone records. He said he wanted to stay together anyway but if I file he will most likely say I committed adultery to keep me from getting money, etc.
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1 ANSWER

Generally, a spouse isn't entitled to alimony if it's established through presentation of evidence that the separation is due to the spouse's adultery. The bar to receiving alimony only applies if it is shown that the act of adultery was the direct cause of the separation between the two parties. A person commits adultery when he or she has sexual intercourse with a person other than his or her spouse. In your question you said that you had an opportunity to commit adultery.  The next question is whether you actually committed the act.  And if that act was committed, did that act cause the separation? Keep in mind that when determining whether to award alimony, the court will consider the conduct of both parties.
Answered on Feb 07th, 2014 at 2:56 PM

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