If you have a legal separation, does one party have to move out?

My wife wants a legal separation. She wants to date other people. Do I have to move out? I do not want to move out. Would it be the one who got the legal separation? What are my options?

Asked on July 4, 2012 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First it is important for you and your wife to know here that Georgia does not recognize legal separation. Therefore, nothing changes about your marital status until your final divorce decree has been signed by the Judge. Until you receive your final divorce decree, you are still married in the eyes of the law and sex with anyone who is not your spouse is considered adultery. Whether this adultery is considered to be the cause of your divorce is a different question. It is important to note, however, that the Judge can take your actions both before and during the pending divorce action into consideration in awarding alimony, custody, and equitable division of assets.  As for moving out, you have the same rights to your home as your wife and you can request that you are given exclusive use and occupancy pending the divorce.  Get legal help here.  Good luck.


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