While learning that your spouse has been unfaithful can be heart breaking to say the least, it can be somewhat comforting to know that the law takes this unfortunate situation into account and that some form of justice can be met for being so utterly wronged by somebody whom you loved and with whom you created a life and home. The state of Georgia has long recognized infidelity as one of thirteen grounds for total divorce. O.C.G.A. § 19-5-3(6). Most importantly, infidelity of a spouse can be used strategically in negotiation for a settlement. Specifically, OCGA § 19-6-1(b) bars a party from receiving alimony if a preponderance of the evidence shows that the separation between the parties was caused by adultery.
