Is it Illegal to Date while Going through a Divorce in Georgia? (2024)

• Divorce

When a couple decides to get divorced, they may choose to live apart for a while or separate. During this time, one or both spouses may wish to date other people. However, you may want to reconsider swiping right on any dating app.

The real question many couples want to know is, “Is it illegal to date while going through a divorce in Georgia?”

It is not illegal to date while going through a divorce in Georgia. However, it is also not a good idea. There are significant disadvantages to dating before your divorce gets settled. In fact, dating someone else can negatively affect the outcome of your divorce case.

Georgia is a NOT a No-Fault Divorce State

Unlike many other states in the U.S., Georgia is not strictly a no-fault state. While many couples can choose “irreconcilable differences” as a reason for their divorce, Georgia also allows couples to choose a “fault-based” divorce. This means a divorcing spouse in Georgia can allege that the other spouse caused the breakdown in the marriage.

In Georgia, there are 12 fault grounds for a fault divorce, including:

• Intermarriage
• Mental incapacity
• Impotency
• Duress or fraud in obtaining the marriage
• Pregnancy of the wife by a man other than her husband
• Adultery
• Willful desertion for one year
• Imprisonment for two years or longer
• Habitual intoxication
• Cruel treatment
• Incurable mental illness
• Habitual drug use

If a couple chooses to file for a no-fault divorce in Georgia, it eliminates fault grounds listed under Section 19-5-3 of the Georgia Code as the reason for filing.

No-fault divorces are generally easier and less complicated than fault-based divorces. For this reason, your attorney may advise you not to date during your divorce.

Dating Could Jeopardize Your No-Fault Divorce

Georgia does not have legal separation. Therefore, you remain married until your divorce gets finalized by a court of law. If you choose to date during your divorce, you are technically committing adultery. Adultery is grounds for a fault-based divorce in Georgia.

Your Atlanta divorce attorney will want to protect you and your future at all costs. Dating during your divorce can jeopardize the entire process. It can negatively affect your alimony payments, child custody, and parenting time. While there is no guarantee that dating will hurt your divorce, there is no guarantee that it won’t.

Because of this, most Atlanta divorce attorneys caution their clients against dating. Instead, Atlanta divorce lawyers advise their clients to focus on drafting a parenting plan, working out financial arrangements, and dividing assets amicably with their ex.

How Does Dating Affect Alimony and Child Custody?

As previously stated, dating during a divorce might negatively affect your alimony and child custody.

How can dating affect alimony payments?

A judge may reduce or deny your alimony if your spouse claims you started the relationship before the divorce. Moving in with your new partner can also cause a court to deny alimony payments.

How can dating affect child custody?

Dating can also affect your child’s custody and visitation. The courts must consider the best interests of the child when awarding custody. If the judge hears that your new partner is staying with you and your children, they may reduce custody altogether. In addition, children over 14 can decide what parent they want to live with. Dating someone new can make children uncomfortable, causing them to choose to live with the other parent after divorce.

While no law in Georgia directly prohibits you from dating during your divorce, you must consider whether it is worth it. Dating during a divorce can affect everyone and everything in your life. It can cause you to lose alimony and even time with your children.

In some cases, it can even ruin any type of reconciliation. Many divorcing couples reconcile after some time apart. Dating could jeopardize that possibility. You should reconsider dating even if you know that reconciliation is not an option.

Contact Our Atlanta Divorce Attorneys

If you have questions about your divorce, dating, or moving forward after your divorce, we can help.

At , our Atlanta divorce attorneys work tirelessly to help protect you and your future. We build a solid case to help protect what you value most during this difficult time. Call us immediately to learn more about the legal process. Our attorneys can meet with you to discuss these issues and guide you through what comes next.

Call us at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.

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