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If you have divorce questions

I’m Separated from My Spouse. Is It OK to Date?

Legally speaking, no it is absolutely not OK to date once you separate from your spouse in Georgia. Georgia divorce law does not recognize the concept of “legal separation” that some other states recognize. Thus, even if you have physically separated from your spouse and no longer desire to continue the marital relationship, you are still married according to Georgia law. Any extramarital relationship you engage in (separated or not) may be considered adultery during your divorce.

Legalities aside, if your divorce is not yet final, or if you have yet to formally initiate divorce proceedings, it may be best to consider whether you are emotionally ready to date. Even if you and your estranged spouse are no longer living as husband and wife, until your divorce is final, reconciliation is still a possibility. As Georgia divorce attorneys, it is not uncommon for us to represent individuals in divorce proceedings who ultimately reconcile with their spouse before their divorce becomes final. In fact, unless you are absolutely certain that your marriage is broken with no hope for reconciliation, it may be advisable to use your period to separation to reflect on your marriage and concentrate on your emotional health instead of immediately seeking a new relationship.


Legal Separation
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