Full question:
When you go through a legal separation and both parties (or just one party) want to see if they are happier dating other people, is that possible without getting into legal trouble when there's a child involved?
- Category: Divorce
- Subcategory: Separation Agreements
- Date:
- State: Georgia
Answer:
In Georgia, you are legally separated if you are no longer engaging in marital relations and you consider yourself to be in an actual state of separation. You can be separated even if you are living in the same household as your spouse. To file a case for divorce, you must be in such a state of separation. The court will not grant you a "legal separation". Oftentimes people file a case for Separate Maintenance instead of a Divorce for differing reasons. Some of those reasons include religious or moral opposition to divorce or a desire to remain married for a legal benefit (to maintain insurance, social security, etc.) or other various reasons which a lawyer can discuss with you in detail.
If you decide to start dating while divorce proceedings are still pending, there may be certain problems. First, it may tend to inflame the situation and make your spouse "dig in" and fight harder. Additionally, if you expose your children to the new relationship it may tend to confuse and upset them. In the event your spouse is not otherwise inclined to seek custody, he or she may decide to proceed to seek custody if they believe there is a new person in your life.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
