Columbus GA divorce law firm
Adultery and Desertion in Chattahoochee County Georgia
Adultery is the voluntary sexual intercourse between a married person and another person who is not their married spouse.
Adultery committed by either party is grounds for divorce in GA . An extramarital affair in Georgia is defined as intercourse with a person other than his/her spouse. Therefore, same sex intercourse constitutes An extramarital affair in GA .
Proof of An extramarital affair can obviously be tough. Confessions by one spouse to another must be looked at with extreme caution and generally require to be corroborated by independent evidence. However, seldom does direct evidence of An extramarital affair exist. Circumstantial evidence is permitted. An extramarital affair committed after a separation of the parties will be a grounds for divorce.
Georgia divorce law permits for divorce by showing that one party has deserted the other. Three elements must be established to get a divorce in Georgia for desertion:
1) Willful Absence–The purported wrongdoer must have the intention to desert. The absence should be willful and not justified by the conduct of the other spouse or with the other spouses consent.
2) Cessation of Cohabitation–This may be established by either showing physical absence or denial of conjugal relations with the intention of casting him/her off as a spouse completely.
The desertion should be for a year and be continuous for that year and for that period immediately before the filing of the petition for divorce.
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The Law office of Scot Sikes handles family law in Columbus GA. Scot Sikes is a Columbus GA divorce lawyer & Georgia child custody attorney.
706-494-6900 – www.columbus-divorce.com
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