Johns Creek Divorce: Is Adultery Still A Ground For Divorce?

Posted by William H. Sherman on May 08, 2014 | 0 Comments

Question:  I caught my wife cheating and now I need a divorce lawyer.  I didn't actually catch her in the act, but when she came home from a business trip a man who she works with emailed her pictures that they took together and I saw them.  They were actually pictures from a hotel room and they were in bed and in the bathroom.  They were not wearing clothes.  They were in Orlando, Florida for the trip and in one picture they were wearing Mickey Mouse ears and nothing else.  In another one he was wearing a Donald Duck mask and a towel.

I thought our marriage was great.  We live in Johns Creek.  We attend church regularly in Johns Creek and my wife has even encouraged me to become an ordained minister.  I work for a tech company in Roswell and she teaches second grade in Johns Creek.  We've known each other since high school.

When I told her that I knew about the pictures she said it was the first time she ever cheated.  She said that the man was a co-worker who thought that he was a homosexual and that she only wanted to “teach him about women.”  She claimed that it wasn't really cheating but that she was “doing a good deed” like I always tell her to do.  She also said she was drunk at the time and that he might have given her a drug because she said she “felt really weird.”

I don't believe her and I want a divorce.  I've heard different things from some friends.  Some said that that adultery is a ground for divorce, while others said that isn't the case any longer because there are so many cheaters.  So I'm writing to find out if adultery and cheating are grounds for divorce?

Answer:  Yes, adultery is a ground for divorce under Georgia law.  See O.C.G.A. section 19-5-3(6). A person commits adultery when he or she has sexual intercourse with a person other than his or her spouse.

While the pictures of your wife and the other man are strong circumstantial evidence of infidelity, her admission to you that she had sex with him is most compelling, although she seems to infer that she was under the influence of alcohol and possibly drugs at the time – raising the specter that it was not consensual.  But she also characterizes her actions as performing a “good deed” to, in effect, help a gay friend.

Whether you find her explanation persuasive is a personal matter.  However, her actions as you have related them are grounds for divorce.  And that is the case even if this was her first time cheating on you.

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About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.


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