Being accused of an affair you did not have can itself be a ground for divorce in Georgia. The accusation is the cruelty.
The Rule
Hardy v. Hardy, 221 Ga. 176 (1965), states it plainly: “It is well settled by decisions of this court that constant nagging and false accusations can amount to cruel treatment.” Measured against OCGA 19-5-3(10), a groundless charge of infidelity is a willful infliction of mental pain like any other.
An Example
In Morrison v. Morrison, 215 Ga. 143 (1959), a wife testified that her husband was “consistently and constantly sarcastic,” belittled her in front of the children, and told their small daughter that she could not believe anything her mother said. The jury was also authorized to find that on two separate occasions he accused her of infidelity, with a different man each time.
The wife denied both charges, and the Georgia Supreme Court noted that the jury “was, of course, authorized to believe her testimony.” Her evidence that the conduct grew worse until she could no longer endure it, and that it was injuriously affecting her health, was enough to authorize a divorce.
What the Case Turns On
Two things decide these cases. The first is falsity, which is a question for the jury – your denial, believed, is what makes the accusation cruel rather than merely unwelcome.
The second is persistence and effect. You do not have to prove your health was actually damaged. Hardy holds there is “no requirement… that plaintiff’s health be injured, but only that there be reasonable apprehension of injury.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!