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. As divorce lawyers, one of our goals is to minimize risk for you, and there is indeed risk if you decide to date or enter into a new romantic relationship prior to your divorce being finalized.
How Dating During a Separation Can Affect Child Custody and Alimony
Is Dating During Separation Adultery?
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. Dating can also affect alimony if you decide to move in with your new partner.
Legal Separation Prior to Filing a 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 Blasingame v.