Legal Question in Family Law in Georgia
In Georgia, I understand you are considered legally separated if you are not sharing a bed or otherwise engaging in marital relations with your spouse and consider yourselves separated - assuming this to be the case, would we then be subject to a 'fault' divorce on the grounds of adultery should one or the other enter into a relationship with another person? Do we need to file any papers to officially separate prior to entering another relationship?
1 Answer from Attorneys
You have a complete misunderstanding of Georgia law. Georgia has no such thing as a legal separation. If you live separate from your spouse, that is a requirement of a dvorce case but it means nothing else.
Adultery, if it causes the separation, is a grounds for divorce. Adultery however, separated, or not, violates several criminal statutes.
If you want to "officially separate" you need to get a lawyer and start a divorce.
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