In Georgia, adultery takes place when a person participates in either heterosexual or homosexual intercourse with someone who isn’t their spouse. While the term may seem like a remnant of an antiquated legal system, adultery can significantly affect several aspects of a divorce case in Georgia.
Adultery is one of the grounds for divorce in Georgia. If you’re filing or facing a divorce that involves adultery, find a legal counsel who can help you understand your rights and obligations and come up with an effective case strategy.
Is It Illegal to Cheat on Your Spouse in Georgia?
Technically, Title 16, chapter 9, section 9 of Georgia’s Code of Criminal Conduct states that “ A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.” Essentially, in Georgia, adultery is considered a criminal offense and categorized as a misdemeanor. However, no one has been criminally prosecuted for adultery in the state in the last 100 years.
Is Adultery Illegal in Georgia?
As mentioned above, adultery is technically illegal in Georgia. The court uses a two-prong test to establish whether or not adultery has been committed. First, the occurrence of extra-marital sexual intercourse must be established. Second, the affair should be the cause of the couple’s separation.
Can You Go to Jail for Adultery in Georgia?
Although Georgia is still one of the few states with a criminal statute on adultery, no one has been criminally indicted for it in the past century. Law enforcement officials will also typically refuse to get involved in cases that involve adultery.