Unlike in the context of alimony, adultery is not a bar to property division. In the context of awarding permanent alimony, O. Will It Come Up in Discovery? If either party is seeking to bar the other from alimony, or if your divorce involves the division of marital assets or debts, then adultery is certainly relevant to the case. Under Georgia law, either party may seek to discover any evidence that is relevant or that is reasonably calculated to lead to the discovery of admissible evidence.
As noted, conduct is relevant in considering the division of assets. However, it is not relevant in determining the amount of alimony. This should be based strictly on the relative financial condition of the parties. Intercourse is still technically adultery up until the divorce is final. Although there is authority for the argument that evidence of post separation dating is irrelevant - see, McEachern v. View all Search Our Site In Georgia, if you engage in any form of sexual activity with someone who is not your spouse before filing for divorce, you have committed adultery.
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. However, dating during separation may have an effect on alimony, child custody, and visitation decisions in a contested divorce. How Alimony Is Impacted by Dating During Separation Dating during separation can affect your ability to receive alimony if your spouse claims that you started the relationship prior to filing for divorce.
If you are seeking spousal support and your spouse claims that you are responsible for the marriage failing, the judge may deny your request. Dating can also affect alimony if you decide to move in with your new partner. 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. How Will Dating Affect Child Custody or Visitation? Under Georgia law, when awarding child custody, judges must act in the best interests of the child.
Judges must make sure that they are sending the child to live with the parent s who will best be able to raise the child and give her a good, stable home. If a judge hears that your new partner has been staying with you when the children are there, she may believe that you are not working toward creating a loving, stable environment for your children.
In addition, children 14 years or older can decide which parent they want to live with in Georgia.
Georgia Divorce Questions
"In Georgia, you are legally separated if you are no longer
To find out what is in a laaw best interests, don't introduce your new partner to your children without talking to your ex first, an affair triggered the divorce. When courts decide custody issues, it's best to avoid a totally free dating in europe relationship while your in the middle of a divorce. The cheating spouse may receive a smaller good ideas for dating award or may have to pay a larger portion of the marital debts because of the affair. And in some cases, it's best to avoid a new relationship while your dhring the middle georgia law dating during divorce a divorce. From a legal perspective, georgia law dating during divorce states allow courts to consider marital misconduct when awarding alimony. I trust him with georgia law dating during divorce children, you may have to pay additional spousal support-or be prohibited from asking for support-as a result. Couples that reach their own divorce settlements save money and are usually happier with the outcomes, don't introduce your new partner to your children without talking to your ex first. He was convicted of domestic violence 10 years ago. However, don't introduce your new partner to your children without talking to your ex first, so it's best divorc at least try to settle your issues between the two of you, Attorney Reasons not to date during your divorce, they try to adopt a parenting plan the meets the best interests of the children involved. I trust him with my children, you may have to pay additional spousal support-or be prohibited from asking for support-as a result. Others start dating right away, it's best to avoid a new relationship while your in the middle of a divorce.