As a divorce attorney in Atlanta, I have noticed a recent trend wherein the simple question of when was the separation date for the parties is a major deal at the final trial. Why? If the parties to a divorce proceeding fail to maintain the separation during the pendency of the divorce, a Georgia trial court is not allowed to grant the divorce.
So what does the phrase “separation date” mean from a legal perspective? We know it is required to be listed on the Complaint for Divorce (in accordance with O.C.G.A. § 19-5-3(3)). Well the answer, according to the case of Blasingame vs. Blasingame, 249 Ga. 791 (1982), is that the parties in a divorce are considered separated when they stop having sexual relations. Notice that does not mean when the parties moved out of the house.
So what is the issue? If the parties have sexual relations after the divorce is filed, the case will be dismissed causing the parties to start the entire divorce process all over again –regardless of whether both parties want a divorce still and have agreed to how the entire divorce should be handled. Obviously not a favorable outcome for those affected.