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Proving an affair?

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SingingMoon

Junior Member
What is the name of your state? Georgia

My husband had a six month relationship with another woman. He says it was strictly emotional - no sex. The other woman swears that they had sex numerous times, that he spent the night at her house and that he even took her away for the weekend.

Before I file for divorce - I need to know if she can be forced under oath to testify about her claims of a sexual affair. Or just what exactly is her part in all this?

Thank you.
 


tylersmom

Member
Unless you have the actual act being committed on video, I really don't think you can really prove anything. I think you could probably have the woman subpeonaed (excuse my spelling), but that doesn't mean she will say what you want her to say. And even if she does it would still be his word against hers.

What are you trying to get out of this by showing he had an affair?
 

Silverplum

Senior Member
SingingMoon said:
What is the name of your state? Georgia

My husband had a six month relationship with another woman. He says it was strictly emotional - no sex. The other woman swears that they had sex numerous times, that he spent the night at her house and that he even took her away for the weekend.

Before I file for divorce - I need to know if she can be forced under oath to testify about her claims of a sexual affair. Or just what exactly is her part in all this?

Thank you.
http://www.divorcenet.com/states/georgia/georgia_grounds_for_divorce

You might want to read around this site, as well as the link I've provided. You are probably angry at the "lesser sinner" in this mess.
 

SingingMoon

Junior Member
What am I trying to get?

I'm trying to get proof of adultery. Doesn't Georgia law say adultery is grounds for divorce? But if they never had sex, how can it be adultery?

By the way, I'm angry at both of them - him more than her.
 
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Silverplum

Senior Member
SingingMoon said:
I'm trying to get proof of adultery. Doesn't Georgia law say adultery is grounds for divorce? But if they never had sex, how can it be adultery?
There's about eleventeen OTHER grounds for divorce in GA. If you can't prove adultery, just divorce him using one of the other grounds.

Unless, of course, you have revenge fantasies. Then you're on your own.
 

tylersmom

Member
No, I realize that, but if you can't prove adultery there are other alternatives you can use as grounds for divorce. I was just wondering if your motivation for pursuing the adultery was based on trying to get revenge through the courts. Try that site that Silverplum provided.
 

tylersmom

Member
Silverplum said:
There's about eleventeen OTHER grounds for divorce in GA. If you can't prove adultery, just divorce him using one of the other grounds.

Unless, of course, you have revenge fantasies. Then you're on your own.
We must have been writing at the same time! I think this is more revenge motivated. Understandable when a person has just been betrayed, but still not the best way to handle things.
 
S

shell007

Guest
SingingMoon said:
I came on here to get legal advice - not be judged by you two.

I should have known better.
Another satisfied customer!!!! :D
 

Zigner

Senior Member, Non-Attorney
SingingMoon said:
I came on here to get legal advice - not be judged by you two.

I should have known better.

If your motives are so transparent here, how do you think the judge is going to treat you?
In that light, even those who "judge" you are giving legal advice of sorts.
 

Silverplum

Senior Member
SingingMoon said:
I came on here to get legal advice - not be judged by you two.

I should have known better.
Check this out, lady. I gave you a link to GA divorce law. You didn't read it. That's obvious by your next question. I didn't judge you, I just told you that you didn't need to use adultery. I pointed out that IF you have revenge fantasies, you're on your own. I can't help you there.

How is that judging? Are you, by chance, sensitive to the truth?
 

tylersmom

Member
I wasn't judging you. If you were betrayed, it's natural to want revenge. It's still not a good idea though. As far as using adultery for grounds, it's probably going to be hard to prove if he's denying and if you are not motivated by revenge, then what is the difference if you site irreconcilable differences? The outcome is still the same. You'll be divorced. I'm sure alot of the non-lawyers on here (like me) have been through this and the lawyers have seen it a million times. Take the advice. It makes sense.
 

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