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One of the most common questions that a separated spouse may have at this point is if its legally okay to start dating other people. The simple answer to this is: No. To many people, it might seem unfair to put their life on hold, but theres just no legal upside to dating before a divorce is finalized.
Under Georgia law, you simply have to suspend marital relations with the intention to divorce. Parties can be legally separated while living in the same household. There is no requirement that there be a separation agreement, in writing or verbally, although an agreed or verifiable date is best.
Georgia does not follow community property laws. This means that marital property does not get automatically divided 50/50 between spouses seeking a divorce. Instead, Georgia courts follow an equitable distribution approach for property division following a separation.
In Georgia, abandonment is defined as the continued and willful desertion of one spouse for at least one year. A spouse is considered to have committed marital abandonment if they unilaterally decide to physically leave the marital home and reside in a different place than their partner.
Under Georgia state law, legal separation isnt recognized or granted to couples seeking to separate without divorcing. Instead, a couple must request a separate maintenance order or an action for divorce. The term legal separation simply means that individuals are no longer engaging in marital relations.
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Under the no-fault grounds, irreconcilable differences between you and your spouse are sufficient for the court to grant the divorce. Therefore, even if you do not sign the divorce papers, your spouse can still obtain a divorce in Georgia.
The grounds for legal separation may have arisen after the marriage, and may be filed on the following grounds: (1) repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) physical violence or moral pressure to compel the petitioner to
In Georgia, you dont have to be separated for any specific period of time. You can decide you want a divorce on Monday and file your case on Tuesday. However, Georgia does have a minimum waiting period of 45 days before a divorce can be granted, with some exceptions that allow it to be done after 31 days.
Marriage Separation Advice: 7 Tips for a Healthy Process Treat your co-parent as you would treat a business partner. Dont make any docHub changes. Discuss the various options for pathways to an amicable divorce. Choose your family mediator and/or lawyer. See a counselor and/or doctor. Wait to start a new relationship.
Technically, there is no such thing as a legal separation in GA. However, you can file for a separate maintenance action, defined as a judicial determination to separate spouses and provide support without a judicial termination of the marriage.

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