When adultery is the cause of a divorce in Georgia, the spouse that was unfaithful is barred from receiving alimony. It’s not enough that one spouse cheated during the marriage – the infidelity has to be the reason for the divorce for it to result in a ban on alimony. If one spouse cheated, but the other spouse forgave him or her and they continued to live together, the unfaithful spouse won’t be barred from receiving alimony.
For adultery to bar alimony, the faithful spouse also has to file for divorce on the grounds of adultery, not just “irreconcilable differences” (which means the couple can’t get along anymore), and the divorce has to be granted on the grounds of adultery.
What Else Does Adultery Impact?
Adultery generally doesn’t affect custody in a Georgia divorce, unless the children were exposed to inappropriate things as a result of the affair. Adultery never affects child support in Georgia.
Adultery can have an impact on how a divorcing couple’s assets are divided, especially if the unfaithful spouse spent lots of money on the affair, for example, by buying gifts and paying for trips and hotel rooms.
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What is a temporary hearing?
One of the challenges to overcome in a temporary hearing is the time constraints…If you are under the impression that you will have an unlimited amount of time to tell the Court about your life story, your marriage, and your childrens’ lives…you are in for a rude awakening!!
Judges often will not allow more than four hours (and that’s being liberal!) for a Temporary Hearing in a divorce or custody case. That’s four hours total. Meaning both parties will likely be allotted four hours or less for the entire hearing. This may seem like a lot of time, but it really isn’t, if your attorney is presenting the court with the relevant issues. The case that is presented to the Court must be precise and directly relevant to the temporary issues in your case.
Temporary issues typically include (1) interim child custody, (2) child support, (3) alimony, and (4) temporary possession of the marital home and responsibility for paying the bills until a final decree is entered by the Court.
That means you will have very little time to present a host of important issues to the Judge. Rather than presenting a full feature film, you should essentially give the Judge a polaroid snapshot of what is going on now and why you need the relief you are currently requesting.
Overcoming a temporary order that isn’t in your favor is an uphill battle…
If you are contemplating a divorce or preparing for a temporary hearing and realize that you are in over your head, don’t hesitate to contact us today at 678-324-8511 or click here to discuss the particulars of your case by scheduling an initial consultation. You deserve to go through this ordeal with a committed attorney on your team.