Under Georgia law, you simply have to suspend “marital relations” with the intention to divorce. Parties can be legally separated while living in the same household. There is no requirement that there be a “separation agreement”, in writing or verbally, although an agreed or verifiable date is best.
Can you date while separated in GA?
Legally speaking, no it is absolutely not OK to date once you separate from your spouse in Georgia. Georgia divorce law does not recognize the concept of “legal separation” that some other states recognize. Any extramarital relationship you engage in (separated or not) may be considered adultery during your divorce.
Is there legal separation in the state of Georgia?
Legal separation is not available in Georgia, but there are other similar options like separate maintenance. There are several key differences between the two. If you have divorce questions
Can you get a divorce from your spouse in Georgia?
No. While some states, such as California, allow spouses to be legally separated from one another, unfortunately Georgia does not recognize legal separations. If you and your spouse, however, wish to be separated, but do not wish to file for divorce, there is another option.
Can a spouse request a fault based divorce in Georgia?
In Georgia, spouses can request a fault-based or no-fault based divorce. Fault divorce means that one spouse is accusing the other of misconduct that caused the divorce. Common fault-based reasons include adultery, habitual intoxication, and cruel treatment.
How is property divided during divorce in Georgia?
Generally speaking, separate property in Georgia includes any assets owned by independently by either spouse prior to marriage. Under certain circumstances, other assets can also be considered separately owned, even if they were obtained during the marriage.
