As Atlanta divorce attorneys, it is our goal to provide the best and most useful advice possible to our clients. Sometimes this advice is warmly received by those we work with. However, our advice, especially regarding dating during the divorce process, is not. Although we understand that many seeking divorce in Georgia want to move on with their new lives as quickly as possible, there are some potential pitfalls that come along with dating during divorce, that generally leads us to recommend our clients refrain from dating during the divorce process.
In Georgia, these pitfalls include the potential charge that the dating spouse is committing adultery. This is a very serious change as adultery is one of Georgia's 13 grounds for divorce, and may effect a spouse's alimony and equitable distribution awards if it is determined that spouse indeed committed adultery. See O.C.G.A. ยง 19-5-3 and Owens v. Owens, 247 Ga. 139 (1981). Additionally, although less commonly considered, engaging in a sexual relationship with one's soon-to be ex-spouse may also have a disastrous effect on the divorce process, as a court may refuse to grant a divorce based on Georgia' no-fault grounds if it is proven that the spouses has resumed cohabitation or recommenced a sexual relationship during the pendency of the divorce action. See Lindsay v. Lindsay, 241 Ga. 166 (178).
Although there are pitfalls associated with dating during divorce in Georgia, one Massachusetts law maker is seeking to add a law to the state's law books which would affirmatively prohibit individuals from engaging in sexual relationships during divorce without the prior approval of the judge presiding over the divorce case.
The proposed legislation reads:
In divorce, separation, or 209A proceedings involving children and a marital home, the party remaining in the home shall not conduct a dating or sexual relationship within the home until a divorce is final and all financial and custody issues are resolved, unless the express permission is granted by the courts.
This proposed bill was sponsored by State Sen. Richard Ross on behalf his constituent Robert Leclair. Leclair, a former president of Fathers United for Equal Justice, champions the new proposed legislation because he believes it would help protect children during the divorce process. While Georgia has no such law, it is important for those considering or currently going through the divorce process in Georgia to realize the potential negative impact dating during divorce may have on the outcome of their divorce.