Divorce and Pornography

Navigating divorce proceedings in Gwinnett, Georgia, can be a challenging endeavor, particularly when considering nuanced factors such as the role of pornography within a marriage. Divorce and pornography; citing pornography as grounds for divorce necessitates a thorough understanding of the legal landscape, which may not always align with personal or moral perspectives.

Can Pornography Be Grounds For Divorce

Within the realm of Georgia’s legal framework, the viability of using pornography as grounds for a fault-based divorce is contingent upon several factors.

1. The characterization of pornography use as an addiction presents complexities within the state’s definition of addiction. Georgia’s legal definition predominantly revolves around habitual drug addiction or intoxication, leaving little room to classify frequent pornography use as a qualifying addiction. Despite ongoing psychological debates regarding the addictive nature of pornography, establishing it as a legal basis for divorce remains challenging.
2. Georgia defines adultery in a manner that excludes the consumption of pornography. Adultery, within the state’s legal context, pertains explicitly to engaging in sexual intercourse with someone other than one’s spouse. As pornography does not involve physical interaction with another individual, it fails to meet the legal criteria for adultery. Consequently, pursuing a fault-based divorce solely on the grounds of pornography usage under the category of adultery may prove to be an uphill battle.

However, exceptions exist when the content of the pornography in question breaches legal boundaries, such as possession of child pornography. In such cases, the presence of illegal material can indeed serve as grounds for a fault-based divorce. Nevertheless, in instances involving the possession of legal adult pornography, proving its impact as a contributing factor to a marriage irretrievably breaking down can be a formidable task within Georgia’s legal framework.

If you find yourself contemplating divorce in Gwinnett and pornography is a central concern within your marriage, seeking guidance from an experienced Gwinnett divorce attorney is essential. At Sachs Family Law, we specialize in providing compassionate and knowledgeable assistance to individuals navigating divorce proceedings in Gwinnett County. Our team understands the nuances of Georgia’s divorce laws and can offer personalized support tailored to your specific circumstances.

Whether you are grappling with questions regarding the role of pornography in your divorce or seeking comprehensive legal representation, Sachs Family Law is here to help. Contact us today at 770-695-7430 to schedule a consultation with a dedicated Gwinnett divorce attorney who will advocate for your rights and best interests throughout the divorce process. Don’t navigate divorce alone – Sachs Family Law is here to guide you towards resolution.

What Is a Cost of Living Adjustment (COLA) Clause?

In divorce proceedings in Georgia, it’s uncommon for maintenance (spousal support and child support) agreements to include a Cost of Living Adjustment (COLA) provision. The inclusion of a COLA clause varies by state, with some mandating it while others leave it as an option. Specific requirements for such a provision also depend on the jurisdiction but often involve specifying the effective date of the adjustment and the COLA index to be applied. In most cases, the clause takes into account the potential income fluctuations of the paying party, and the receiving party has the opportunity to contest the adjustment through a court motion before it takes effect.

The primary purpose of a COLA clause is to ensure that support payments (whether spousal or child support) increase as the cost of living rises. This eliminates the need for either party to repeatedly file motions with the court for future increases, known as post-divorce modifications. In Georgia, however, this type of provision is not allowed.  In Georgia, the Courts are not allowed to include automatic adjustments to child support amounts.  The Child Support amounts have to be set by a Judge, and have to be within the Child Support Guidelines when the child support amount adjusts.   However, having a COLA clause doesn’t negate a party’s right to seek a modification if their circumstances change significantly.

If a divorcing couple agrees to include a COLA clause in their maintenance agreement, the court may choose not to approve it. The court has discretion to to change provisions in the Agreement about child custody, visitation, child support, or alimony if the Court does not think that the provision is fair, or does not meet the requirements of Georgia law.

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Impact of Job Loss or Failure to Pay Child Support on COLA Adjustments

If the party responsible for support payments experiences a reduction in income, they can file a motion with the court to seek a reduction in support payments, effectively modifying the original maintenance or child support agreement. The court will consider this change in circumstances when making a decision. If this happens to you, it is important to file as soon as the income loss affects you.  Do not file while you are receiving your severance payment, as the income loss has not happened yet.  The Court can reduce your support obligation permanently, or temporarily, to give you a chance to start a new job.

For guidance on this process, it’s advisable to consult with an attorney experienced in divorce modifications, such as Gwinnett County Divorce Modification Attorney Dodie Sachs.