Phone: Adultery: In the context of Georgia divorce law, adultery is defined as sexual intercourse between a married person and someone other than the spouse. Specifically, under Georgia divorce law, neither fellatio nor cunnilingus otherwise know under Georgia law as sodomy are grounds for divorce. Likewise, under Georgia divorce law, fellatio, cunnilingus and sodomy oral or anal sex are not considered adultery.
Adultery requires some penetration of the female sex organ by the male sex organ. However, an orgasm by the male nor female is not required for adultery.
You may not even need to hire a private detective. However, you will likely still need witness. The best witness is corroborative witness who has no stake in whether the adultery is proven or not, such as a mutual friend, neighbor, acquaintance an unconcerned person such as a waiter or hotel concierge or co-worker. The only role this person would need to take is to tell the court under oath what he or she witnessed.
Most divorce adultery cases are proven with circumstantial evidence showing that your spouse had the disposition inclination or tendency to act in a particular way and the opportunity to commit adultery. As with all civil matters, the plaintiff has the burden of proof in showing the court their spouse committed adultery. As previously alluded to, showing the court your spouse had ample opportunity and inclination to comment adultery will satisfy this burden.
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The opportunity to commit adultery can be proven by showing the court your spouse entered the alleged illicit lovers home alone at PM and did not leave until 7 AM in the next morning. However, if you can only prove disposition and cannot prove opportunity, the court will be more likely to consider the allegation mere speculation and suspicious β but not enough to prove adultery. Likewise, if you can prove opportunity but cannot prove disposition β the court is much less likely to rule that your spouse committed adultery However, in most cases, if there is ample evidence of opportunity and very suspicious behavior by your spouse β disposition can likely be inferred.
