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Is Sexting Considered Adultery in Georgia?

by Sharon Jackson  on May 28, 2021 under 

In Georgia, adultery is one of the thirteen grounds for divorce. It is defined as sexual intercourse with someone other than the one’s spouse. 

While a person may be unfaithful to their partner in numerous ways, sexting it isn’t considered adultery as long as sexual intercourse does not take place.

What is “Sexting?”

Sexting means sending someone messages, photos, or sexually explicit videos. It’s a way that some people choose to communicate intimately. 

If one or both parties are in the middle of a divorce, they should exercise caution about sending illicit photos or text messages until the divorce is completely finalized.  

If you’re struggling with an issue related to adultery, a divorce lawyer can help. 

Is Sexting a Reason for Divorce in Georgia?

Georgia adultery laws do not explicitly consider sexting as a form of adultery because it doesn’t involve actual sexual intercourse. 

Sexting is a form of infidelity and may be used as a way to prove that adultery is taking place or has taken place. It may not, in and of itself, be grounds for divorce, but it can be used as supporting evidence in a divorce case.

Can Text Messages be Used in Court to Prove Adultery in Georgia?

There are several ways to prove adultery in Georgia. Apart from the testimony of the parties involved or any witness, the following evidence may also be presented in court to support an allegation of adultery:

  • Photos
  • Phone records
  • Recordings
  • Bank statements 
  • Credit card statements
  • Emails 

Text messages may also be introduced as evidence. However, one issue that often comes up in divorce cases involving adultery and sexting is the admissibility of these text messages in court. Some people believe that the use of these texts as evidence can be considered as an invasion of one’s privacy. After all, phone communications are to remain private unless they’re required by the court in a criminal proceeding — and divorce cases are not criminal proceedings.

Trying to extract messages from another person’s phone may be considered a crime. However, if the person who does the extraction shares one cellphone on a family account, they also have the legal right to check and read these messages. 

Clearly, whether or not text messages are going to be admitted in court depends on the methods used to obtain these messages.

Furthermore, while a judge may also allow one party to introduce text messages as evidence to prove adultery, these messages are still up for interpretation as they may be construed or explained in so many ways.

Protect Yourself By Hiring the Right Divorce Lawyer

If you’re thinking about ending your marriage and filing for divorce on the grounds of adultery, it’s important to know your rights and what you can or can’t do to strengthen your case. 

An experienced lawyer can help you understand your options, represent your interests, and create a legal strategy that will help you obtain a favorable outcome.

Our team will help you navigate this difficult time. Regardless of who initiated the divorce, we’re ready to protect your rights, stand by your side, and aggressively work towards achieving the best possible results for your case. 

Call us now at (678) 909-4100 to schedule a consultation, or contact us through our online form to get started.

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