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Dunwoody Day Care Shooting Trial Begins

Tuesday morning brought the opening statements in the Dunwoody day care shooting trial, reports ABC News.

The case, which allegedly involved an extra-marital affair between Hemy Neuman and Andrea Sneiderman, will be about the killing of Rusty Sneiderman, who was 36-years-old when he was shot. Neuman has pleaded not guilty by reason of insanity. He is 49-years-old. And Andrea Sneiderman has already been called to testify and the salacious nature of the testimony should only arouse more interest in an already sensational trial, according to The Atlanta Journal-Constitution.

Of course, extra-marital affairs will occur where marriage occurs, but most affairs do not rise to such violence.

Nevertheless, adultery does play a part in Georgia's family law.

Since Georgia is one of those states that has both a no-fault and fault-based divorce, the issue of adultery can make a big impact in divorce litigation.

Specifically, Georgia statutes provide that if one spouse is found to have committed adultery or deserted the other, alimony may not be provided to that at-fault spouse. And in a case where alimony is ordered, bad behavior can also be considered by the court in deciding the amount of the alimony award. Obviously divorcing couples shouldn't make false allegations against each other but during a divorce, it can help to know what your partner has been up to.

Further, Georgia case law provides that misconduct of a spouse is relevant to the court when deciding how to equitably divide the property of the parties. When determining what split of property would be fair, the court can consider why the parties are divorcing and how they behaved while they were married.

But in the Dunwoody day care shooting the litigation is of another sort, with ramifications far beyond alimony payments.

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