Richmond Hill GA Cheating and divorce attorney
An extramarital affair and Desertion in Liberty County GA
An extramarital affair refers to the voluntary sexual intercourse between a married individual and another person other than their married spouse.
Cheating committed by either spouse can be a ground grounds for divorce in Georgia . Cheating in Georgia is defined as intercourse with a person other than his/her spouse. Adultery in Georgia includes same sex intercourse.
Proof of Adultery can obviously be tough. Confessions by one spouse to another are considered at with extreme caution and usually should be corroborated by independent evidence. But, rarely does direct evidence of Adultery exist. Circumstantial evidence is permitted. Adultery committed subsequent to a separation of the parties is a grounds for divorce.
Divorce law in Georgia permits for divorce by proving that one party has deserted the other. Three elements should be demonstrated to get a divorce in Georgia for desertion:
1) Willful Absence–The purported wrongdoer should have the intention to desert. The absence must be willful and not justified by the conduct of the other spouse or with the other spouses consent.
2) Cessation of Cohabitation–This can be proven by either demonstrating physical absence or denial of conjugal relations with the intention of casting him/her off as a spouse completely.
The desertion should be for one year and be continuous for that year and for that period immediately prior to the filing of the divorce petition.
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