DO NOT DATE DURING DIVORCE AND CERTAINLY DO NOT LIVE WITH A GIRLFRIEND OR BOYFRIEND DURING THE DIVORCE.
If you feel you must date, be as discreet as possible, preferably not allowing anyone to know you are dating.
Under Georgia law, a person commits adultery when he or she has sexual intercourse with a person other than his or her spouse (both extramarital heterosexual and homosexual relationships constitute adultery). 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. 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. “Dating” before your divorce is final is not advisable.
E.2d 402, 404 (2008) (to show lack of entitlement to alimony, spouse must establish by a preponderance of the evidence that the separation between the parties was caused by the other party's adultery or desertion). Adultery is most significant when a cheating spouse is seeking to obtain alimony or attorney's fees. This should be based strictly on the relative financial condition of the parties. Can I “Date” After Separation or After My Divorce is Filed?
However, there are benefits to filing your petition on fault grounds if you can prove adultery, as Georgia courts can rule in your favor on issues like alimony and the distribution of marital assets.
Georgia law allows you to file for divorce on fault or no-fault grounds.
One of the available fault grounds is the adulterous activity of your spouse during the marriage.
The impact of adultery by your spouse during periods of separation, however, depends on a number of other factors.
Regardless of whether your spouse commits adultery, you always have the option of expediting the process by filing on a no-fault ground.
A court can take into consideration post separation cohabitation as a basis to deny an award of alimony.