In Georgia, you must be legally separated from your spouse before you may file for divorce. However, the law does not require you to live physically apart from your spouse in order to be “separated”—you simply must no longer engage in marital relations.
If you are still living in the same residence, this means that you must not be sharing a room or having sexual relations.
Separation Before a No-Fault Divorce
If you are filing for a no-fault divorce, you must be separated first in order to show that the marriage is irretrievably broken and there is no chance for reconciliation.
What to Do During Separation
The time of separation is an opportunity for you and your spouse to:
- Decide if divorce is what you both really want
- Consider the logistical implications of divorce
If you and your spouse agree on all the terms, you may proceed with an uncontested divorce. However, if you disagree on any of the terms and cannot reach a resolution, you will have to move forward with a contested divorce.