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. However, it is not relevant in determining the amount of alimony. E.2nd 387 (1967) (conduct is not relevant in determining the amount of alimony - alimony should never be awarded to punish for misconduct). As noted, conduct is relevant in considering the division of assets.Dating while going through a divorce can have a number of negative effects on the divorce proceedings, both in court and emotionally.
After consulting with the client regarding the legal consequence of adultery, in certain situations, Mr. E.2d 402, 404 (2008) (to show lack of entitlement to alimony, spouse must establish by a preponderance of the evidence that the separation between the parties was caused by the other party's adultery or desertion). However, as a practical matter, most judges and jurors will not care too much about post separation dating if there is no evidence the affair was going on prior to the date the parties separated (which can be hard to pin down sometimes).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. 791 (1982), the Supreme Court noted: “Marital separation means a suspension of marital relations between husband and wife without dissolution of the marital relationship.The suspended conjugal rights include the company, the cooperation, assistance, and intimacy of the other spouse in every conjugal way ...Dating during divorce can have legal consequences both for the divorcing spouse and their new partner.Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.