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Going Through a Divorce – Is It OK To Have Sex With an Ex?

To kick off Bravo’s new show, “The Girlfriends’ Guide To Divorce,” starting this season, the network conducted a survey about the habits of both married and divorced people between the ages of 18 and 49. The survey found that 27% of the divorced men and women polled had slept with their ex after their divorce or separation. Here’s How Many Divorces’ Say They’ve Had Sex With Their Ex, by Brittany Wong, Divorce Editor, The Huffington Post, November 30, 2015. Conversely, 40% of the divorced survey participants said that the best part of being divorced was being able to have sex with new people.

While there are certainly emotional and psychological issues that arise as a result of having sex with someone you are in the middle of divorcing, there are also legal issues than can impact your divorce action. In a Georgia Petition for Divorce, the Petitioner must list a date of separation and state that the parties have remained in a true, bona fide state of separation since that date. O.C.G.A. § 19-5-5The Petition must be verified, meaning the Petitioner must swear under oath that this information is correct. Id. If the parties have sex after the Petition is filed then, technically, they have not remained in a true state of separation since the filing. While it may not be common, I have seen judges dismiss a divorce action and make the parties re-file the case under these circumstances. Not only does this slow the case down, but it is also an additional monetary cost as filing fees must be repaid and the Respondent must again be officially served.

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