In Georgia, judges have a lot of leeway when it comes to deciding that it is natural to want to date after separation but before a divorce is final.
Table of contents
- The dangers of dating before divorce (or before a final order of separate maintenance)
- Dating During Divorce: Should You Consider It?
- Adultery Grounds
A whole subset of risk arises when child custody is an issue. Williams , S.
The dangers of dating before divorce (or before a final order of separate maintenance)
Allison , S. However paramour exposure prior to divorce, especially overnight paramour exposure, can be a factor in custody. If a parent is going to date prior to a divorce that parent needs to be warned not to expose the child to those he or she dates. Alimony and property division can also be affected when a spouse dates prior to a final order of separate maintenance.
Dating often leads to accusations of adultery, and sometimes dating leads to actual adultery. Post-separation adultery can be a major factor in alimony and a small factor in property division.
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For the spouse seeking alimony, adultery can act as an absolute bar. The supported spouse can incur significant fees in defending that claim. Even for the supporting spouse, dating can pose a danger on alimony.
In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate …. An unreported Court of Appeals opinion, Lake v.
Post-separation adultery can also be a factor in equitable division. However, unlike with alimony, such post-separation adultery is only a factor in equitable distribution if it occurs prior to the court issuing a temporary order in the case. In making apportionment, the court must give weight in such proportion as it finds appropriate to all of the following factors …. Adultery is most significant when a cheating spouse is seeking to obtain alimony or attorney's fees. For example, if a stay at home wife, or a wife who has comparatively less income than her husband, has cheated, then she may be barred from receiving alimony or attorney's fees in the divorce.
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- Can I date while my divorce is pending? Should I?.
In the classic situation where the husband has cheated, this will be a "conduct" factor in the division of property and an evidentiary issue in the award of alimony. However, the cheating spouse is still entitled to argue for "equitable division".
Dating During Divorce: Should You Consider It?
Unlike in the context of alimony, adultery is not a bar to property division. In the context of awarding permanent alimony, O. 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. Anderson , Ga.
Adultery Grounds
McCurry , Ga. 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. McEachern , Ga. Hand , Ga. As noted, questions concerning "dating" or affairs, both pre and post separation, are usually fair game in discovery subject to the witnesses' right to assert privilege.
