We are often asked some version of the following questions: Can I date while going through my divorce? When is it ok to start dating when going through a divorce? Can I date if we are separated? There is no legal upside to you dating while going through a divorce in Georgia and if you choose to date or be in another relationship during your divorce it can have negative consequences on your case. And if you engage in sex with someone other than your spouse while married then you have committed adultery which is a fault ground for divorce in Georgia.
Divorce and Legal Separation FAQ’s
What Impact Does Adultery During Separation Have on Divorce in Georgia? | LegalZoom Legal Info
Divorces and separations are one of the most painful things you can go through. Dealing with legal issues is never a straightforward affair, and when you add on the stress and emotions that stem from a divorce, it can be a nightmare. There are a lot of questions that you may need to ask and for specifics we recommend that you contact our offices to speak with an experienced attorney. However, if you just want to get a feel for the subject, the following questions are the ones most commonly asked by our clients:.
What Impact Does Adultery During Separation Have on Divorce in Georgia?
But this does not mean that you or your spouse has to move out of the marital residence. Parties can be legally separated while living in the same household. And there is no specific time period required, although at least 30 days is recommended. So, if you live in Georgia, you are legally separated if either spouse moves out, or moves into another bedroom, with the intention to file divorce.
In Georgia, if you engage in any form of sexual activity with someone who is not your spouse before filing for divorce, you have committed adultery. If you do so after you and your spouse have separated, Georgia courts will most likely consider it irrelevant to aspects such as property division. However, dating during separation may have an effect on alimony, child custody, and visitation decisions in a contested divorce. Dating during separation can affect your ability to receive alimony if your spouse claims that you started the relationship prior to filing for divorce. If you are seeking spousal support and your spouse claims that you are responsible for the marriage failing, the judge may deny your request.