Dating before divorce is final georgia

Georgia law allows you to file for divorce on fault or no-fault grounds.One of the available fault grounds is the adulterous activity of your spouse during the marriage.

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If your spouse consents, or if your spouse previously lived with you and has been gone for less than six months, you can file in your county of residence.

You and your spouse must be “legally separated” to file for divorce, but that doesn’t mean you must be living apart.

Most couples in Georgia who file for a divorce use the no-fault ground since it minimizes the duration of the divorce proceedings and eliminates the emotional efforts involved when publicizing the intimacies of your marriage and the resulting adultery to the court.

However, there are benefits to filing your petition on fault grounds if you can prove adultery, as Georgia courts can rule in your favor on issues like alimony and the distribution of marital assets.

Some people request separate maintenance because of religious beliefs, to keep a legal benefit (insurance or Social Security, for example) or other reasons. To obtain a "no-fault" divorce, one spouse must simply state a belief that the marriage is over, or “irretrievably broken.” Most divorces in Georgia are no-fault divorces.

Yes, one spouse can allege that the other spouse caused the breakdown of the marriage.

When the adultery doesn’t occur prior to the separation, the court will assume there are other reasons that caused you and your spouse to separate initially.

Moreover, despite the fact that Georgia courts rely on circumstantial evidence in cases of adultery, it’s still extremely challenging to prove your spouse's infidelity.

Some fault grounds for divorce include adultery, desertion, mental incapacity at the time of marriage, marriage between people too closely related, impotency at the time of marriage, force or fraud in obtaining the marriage, conviction and imprisonment for certain crimes, mental or physical cruel treatment, habitual intoxication or drug addiction, and mental illness.

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