How Adultery Will Impact A Divorce Case


My wife and I recently separated after I confessed to an affair and she is demanding I move to another city.

We have a 14-month-old daughter and I am not interested in moving away from her, but I also do not want to rock the boat further and prompt retaliatory action.

What would be the recommended course of action legally?


While I am not licensed to practice law in your state, I can give some general guidance on this issue.

My initial reaction is to tell you to not relocate to a new city if you do not want to. Before I transition into more specific advice, I want to encourage you to contact a Cordell and Cordell associate licensed to practice law in your state. That associate will be able to advise you about the specific law and procedure relevant to your case. The rest of my answer is based on my experience practicing law as an attorney licensed in Georgia.

Marietta divorce attorney Adam Sutton
Marietta divorce attorney Adam Sutton

There is no legal obligation for you to comply with your wife’s request, regardless of the affair.

In Georgia, adultery can be claimed as a grounds for divorce; reason for divorce. It also bars the person who committed the adultery from receiving alimony from the spouse.

Adultery can also be considered by the judge in the larger picture of the divorce when deciding how to fairly divide up marital assets.

However, an affair does not obligate you to move to a different city. Your wife can ask that, but a judge would never require it.

I am also concerned that if you move, you make it more difficult to ensure your ability to co-parent and remain an active part of your daughter’s life. You can still parent by long distance but it is almost always more difficult.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Georgia divorce lawyer Adam Sutton, contact Cordell & Cordell.

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4 comments on “How Adultery Will Impact A Divorce Case

    I’m a woman. My husband abandoned me and our 2kids ,6 yrs ago. He was abusive and moved in with the woman he was having affair with . I can be reached at 912-506’7594

    Hi Scarlett,

    Cordell & Cordell’s concentration is solely on domestic relations issues and the majority of our clients are male but we do also represent women in the divorce process.

    Please be aware that we are unable to offer any legal guidance based upon contact from the website as each person’s situation is unique. This does require you to set up an initial consultation with one of our attorneys so the facts can be properly reviewed and your situation discussed with respect to your legal rights and options going forward.

    Your first step will be to call our scheduling department to request an initial consultation. There is a fee for the initial consultation that will be quoted upon calling to schedule; it will be either $100/flat or $175/pro-rated for up to an hour appointment depending on the office location. If you would like to set up a consultation, please contact the scheduling department at 1-866-323-7529. You may also reach us through our Online Chat Service. For a complete list of our offices please see here: also provides a page of articles on divorce and child custody that includes an overview of the processes and answers some frequently asked questions:

    Also, I would like to direct you to our free resource websites, and to see if any of the Ask a Lawyer posts, articles and videos might have any information that could be helpful to you.

    If you are considering divorce or are currently in divorce proceedings, we would like to offer you our free Men’s Divorce Source mobile application to help guide you through the process.

    I’m a woman,but I do need some advice,would you consider helping me ,at least w/advice ,even though I’m not a mam? Plse. I’ve got 2kids in the middle of this.

    How about:

    I am now inlove with a more mature and better person than my abusive and very controlling wife. I am filing a divorce so I can set her free and myself to start a new life.

    Will that work?

    What can be the possible fight backs that she could do?

    She’s been also bullying my new fiancè. What is the best option here?


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