Can you date during legal separation with a child involved?

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 considered legally separated if you no longer engage in marital relations and view yourselves as separated. You can be separated even while living in the same household. To file for divorce, you must be in this state of separation. Georgia does not grant a formal 'legal separation'; instead, some people file for Separate Maintenance for various reasons, such as religious beliefs or to retain legal benefits like insurance.

If you choose to date during pending divorce proceedings, it could complicate matters. It may provoke your spouse to react negatively and could confuse or upset your children if they are introduced to a new partner. If your spouse is not inclined to seek custody, they might reconsider if they believe you are dating someone new.

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.

FAQs

Yes, if you are legally separated, you can see other people. However, be cautious as dating during separation can complicate custody discussions and emotional dynamics, especially if children are involved. It's wise to consider how your actions may affect your spouse's feelings and your children's well-being.