Dating during divorce in georgia
But this does not mean that you or your spouse has to move out of the marital residence. If you meet someone you like, be up front about your situation. But you should think long and hard about the possible repercussions it will have on both your divorce and your family. Parties can be legally separated while living in the same household.
If you do so after you and your spouse have separated, Georgia courts will most likely consider it irrelevant to aspects such as property division. Divorcing clients are often lonely and stressed out, and they may be longing to meet someone new, feel desirable again, and just have fun.
If a judge finds out you have moved in with a love interest, she may reduce your alimony or refrain from awarding it at all. However, the effect of cohabitation is to nullify only future obligations for permanent alimony and does not require the spouse to return any property or payment already received. And the specific date of the separation can be important. As a general rule, after separation, evidence of support payments is inadmissible.
So, it is best that a divorcing spouse sets a date that is easily verified. It will prolong your case until the baby is born so that the court can verify paternity and determine custody and support requirements.
If you are seeking spousal support and your spouse claims that you are responsible for the marriage failing, the judge may deny your request. If you plan to start a family with your new partner, be sure you consider how this decision affects everyone, not just you. Dating can also affect alimony if you decide to move in with your new partner.
You are not supposed to date if you are married. It could be cited as a reason the marriage failed and depending on the laws of your state could lead a judge to award more of the marital assets to your spouse. Find a support group for people in the midst of a divorce to help you cope with feelings of isolation.
So, again, it is best to pick a clear date and stick to it. As this date can impact support payments, you will want to consult Atlanta Divorce Attorney Russell Hippe before making this decision. In this situation, the obligated spouse will usually want to push back the date of separation as much as possible to exclude evidence of voluntary payments. It will likely exacerbate their pain and could compromise your future custody rights. Even if everything is on the up-and-up, the result is a lot of unnecessary aggravation and cost.
Exchange contact information, but avoid one-on-one contact until you are at least separated. If a spouse is seeking to reduce historic support, the specific date of separation is especially important.
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