Is Adultery a Crime in the State of Georgia?
In the United States, laws regarding adultery vary significantly from state to state. While some states consider it a criminal offense, others do not. In the state of Georgia, the answer is more nuanced.
Direct Answer
No, adultery is not a crime in the state of Georgia. Since 1984, the Georgia legislature has abolished all criminal penalties for adultery.
History of Adultery Laws in Georgia
Prior to 1984, adultery was illegal in Georgia and could be prosecuted as a misdemeanor or even a felony. In 1851, Georgia adopted a law making adultery punishable by up to 30 days in prison and/or a fine.
Over the years, there were several attempts to reform or repeal the adultery law, but it remained on the books until 1984. In that year, the Georgia General Assembly abandoned the practice of using criminal laws to enforce morals and removed all references to adultery from the penal code.
Modern-day Georgia
Today, while Georgia does not consider adultery a criminal offense, a spouse can still bring a civil lawsuit for divorce grounds based on their partner’s infidelity. Georgia is a "no-fault" divorce state, meaning that the party initiating the divorce only needs to prove that the marriage has irretrievably broken down, without the need for fault-based allegations like adultery.
Adultery and Divorce
When it comes to divorce proceedings, adultery can be relevant in several ways:
• Divorce grounds: As mentioned earlier, adultery can be cited as grounds for divorce in a civil lawsuit.
• Marital misconduct: In cases where one spouse alleges marital misconduct, including adultery, the court may take that into account when awarding alimony, dividing property, or setting child custody arrangements.
• Tort claims: If the injured spouse (typically the one who was wronged) can demonstrate harm caused by the extramarital affair, they may have a claim for compensation for things like medical expenses, lost wages, or other damages.
Current Legislation
While Georgia has no criminal penalties for adultery, there are a few exceptions to consider:
• Family violence and stalking: The Georgia legislature has enacted laws that allow for the use of temporary restraining orders to protect individuals from family violence or stalking, including from their partners.
• Immigration and naturalization: Adultery may still have implications for individuals applying for immigration benefits. In some cases, consular officers may use infidelity as grounds to deny a visa or Green Card application.
Concluding Thoughts
In Georgia, adultery is no longer considered a criminal offense, following the abolition of criminal penalties in 1984. While it remains an issue in divorce proceedings, spouses can no longer face imprisonment or fines for committing the act.
