Divorce and Sex

Several clients have asked us over the years if they could continue to have sex while the divorce process was underway. Some people might think this is an odd or unusual question but it actually comes up quite a lot. It seems that some people keep having sex even though they are in the middle of a very contested divorce. They fight like crazy in court and mediation and then go home and have sex. I am not a psychologist so I will not try to analyze why they do this but I am a lawyer so let’s take a look at this situation from a legal perspective.

Georgia has a number of requirements that people must meet before the court can grant a divorce. These requirements range from jurisdictional, such as requiring the plaintiff to live in the state for at least 6 months prior to filing, to having a ground for which a divorce is permissible, such as adultery or irreconcilable differences. One such requirement is that the parties be “legally separated”. “legally separated” under Georgia law means that the parties are not living together as husband and wife. Obviously, in the current economy it is not always feasible for the parties to immediately maintain separate homes, so they end up living under the same roof while the divorce process is underway. This arraignment is permissible as you can live under the same roof but not be “living as husband and wife”.

However, if the parties have sexual intercourse, then the requirement of being legally separated is no longer met and the case will be dismissed. Once the case has been dismissed, it must be filed over again and the plaintiff must swear that the parties are now living in a state of separation.

Reach Out To Our Experienced Team For Help With Your Legal Issues

How The Siemon Law Firm Can Help

Contact our Georgia Family Law Firm by calling 770-888-5120 or by completing this contact form.

An attorney will respond within 24 business hours.

    Fields marked with an * are required

    I Have Read The Disclaimer *

    Our Office Locations

    Cumming, Georgia

    347 Dahlonega St #100,
    Cumming, GA 30040 770-888-5120 Cumming Law Office Map

    Marietta, Georgia

    1850 Parkway Pl Suite 715,
    Marietta, GA 30067 770-888-5312 Marietta Law Office Map

    Alpharetta, Georgia

    4555 Mansell Rd,
    Alpharetta, GA 30022
    770-888-5093 Alpharetta Law Office Map

    Atlanta, Georgia

    3400 Peachtree Rd NE Suite 555,
    Atlanta, GA 30326 770-888-5078 Atlanta Law Office Map