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Sexual Relations With Spouse During Pending Divorce Action

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Remaining Separate After you File for Divorce

When you file a Petition for Divorce in Georgia, you are required to list a date of separation and state that you have been in a bona fide state of separation since that date. OCGA §19-5-5. This date of separation is the date upon which you ceased to live as husband and wife and/or agreed to divorce. For many people, the date of separation is the date of the filing of the Petition for Divorce. It does not necessarily mean that you are physically living in separate houses, as many people cannot afford to do so until a divorce is final. Rather, the most important part of remaining in a bona fide state of separation is that you cannot have sexual relations with your spouse. If you do so, you risk a Judge throwing out your divorce case.

Ex-NBA player, Stephen Jackson, is currently trying to have his wife's Georgia divorce petition dismissed because he claims the two are still engaging in sexual relations. NBA's Stephen Jackson - I'm Still Banging My Estranged Wife…So Call Off Divorce!, by TMZ Staff,, February 24, 2015. According to the article, Jackson believes his wife filed the divorce petition just to get a prenup payout and is trying to "have her cake and eat it, too" by staying in a marital relationship with Jackson at the same time. Believe it or not, Jackson could actually have the divorce case thrown out for this reason.

Dismissing the case and Re-filing for Divorce

Dismissing a case for this reason is not common, but it does happen. Many times it is a situation where the spouse who does not want the divorce, or just wants to be difficult and delay the case, tells the Judge that the parties had sexual relations during the pending divorce action. In that situation, you would have to re-file the divorce case and start all over…and stay away from your spouse so you don't make the same mistake again.


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