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Yes, he could. In the context of Georgia divorce law, adultery is defined as sexual intercourse between a married person and someone other than the spouse. I understand that he was incarcerated and if this happened during this time, he would have grounds. Now, if he was released and you were separated and had no intent to reconcile and each moved on, then it may not be a basis.
You will. Unless this is contested or at issue, it is a basis/ground for the divorce and would allow a judge to order it. If you denied what happened or your medical history was in question and it was relevant to the proceedings, then the Judge could hear it but it could remain privileged and not of public record.
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