Menu
The Siemon Law Firm
Honest Answers.
866-497-5134
View Practice Areas

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.

http://www.thedivorcelawyeratlanta.com/

No Comments

Leave a comment
Comment Information
Contact our Georgia Family Law Firm by calling 866-497-5134 or by completing this contact form. An attorney will respond within 24 business hours.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Siemon Law Firm
347 Dahlonega Street, Building 100
Cumming, GA 30040
Phone: 770-888-5120
Fax: 770-521-4317
Cumming Law Office Map

The Siemon Law Firm
4555 Mansell Road, Suite 300
Alpharetta, GA 30022
Phone: 770-521-4316
Fax: 770-521-4317
Alpharetta Law Office Map

The Siemon Law Firm
3400 Peachtree Rd NE, Suite 555
Atlanta, GA 30326
Phone: 770-888-5078
Fax: 770-521-4317
Atlanta Law Office Map