Question:  I am writing because I can't believe what my husband is doing.  I want a divorce because he is cheating by having phone sex.  He's not seeing another woman but when I confronted him with our latest credit card bill he admitted that he has been spending almost $5,000.00 a month on phone sex.  He's been talking with other women about very personal things.  I think that's cheating because he should only talk like that with me and because he's spending so much money.  He's a phone sex addict.

I spoke with a couple of friends who said that what he's doing is cheating and that's a ground for divorce.  But another friend told me that's not considered adultery because the other person is not with him physically and that it could even be a man on the other end of the phone.

We live in Sandy Springs and my husband is the president of a company in Atlanta.  I work at a hospital in Forsyth County as a nurse.

I don't want to use my name, but I want to know if my husband's paying for phone sex is considered adultery under Georgia law.

Answer:  What your husband is doing is not considered infidelity under the laws of Georgia.  Adultery requires him to have an intimate physical relationship with someone other than his wife.  A phone conversation or even many phone conversations do not qualify as adultery.  The fact that he is paying large sums of money does not make it adultery under the law.

In our North Fulton County divorce and family law practice we have seen this issue a number of times and it seems to be more prevalent now than years ago.  That's likely because of the easy accessibility of cell phones and the click-to-call feature on many Internet sites.

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When you need to speak with a Roswell divorce lawyer, we'll be here for you.  Just call us at 678-215-4106.  If you have a question, email it to us with some details and we'll do our best to answer it on our blog.  Of course, we don't use names.