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Georgia law allows you to file for divorce on fault or no-fault grounds.

One of the available fault grounds is the adulterous activity of your spouse during the marriage.

When the adultery doesn’t occur prior to the separation, the court will assume there are other reasons that caused you and your spouse to separate initially.

Moreover, despite the fact that Georgia courts rely on circumstantial evidence in cases of adultery, it’s still extremely challenging to prove your spouse's infidelity.

Most couples in Georgia who file for a divorce use the no-fault ground since it minimizes the duration of the divorce proceedings and eliminates the emotional efforts involved when publicizing the intimacies of your marriage and the resulting adultery to the court.

The person seeking the divorce (the "plaintiff" or "petitioner") must file a document in the appropriate Superior Court.

The more the two of you can agree on, the easier and less costly it will be.

If you reach an agreement on all issues, the divorce is "uncontested," and may be granted 31 days after everything is filed.

If your spouse consents, or if your spouse previously lived with you and has been gone for less than six months, you can file in your county of residence.

You and your spouse must be “legally separated” to file for divorce, but that doesn’t mean you must be living apart.

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