Stockbridge, GA asked in Divorce for Georgia

Q: My husband and I have been married for 6 month can we still get a divorce in ga since it’s less than a year

We still live together and have sex at times there is no infidelity or abuse or anything out of the norm we just cannot seem to see things as a unit

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1 Lawyer Answer
Zachary Taylor Beck
Zachary Taylor Beck
  • Rome, GA
  • Licensed in Georgia

A: Georgia law requires the parties to a divorce action to live in a "bona fide state of separation" before filing for divorce. There is no exact timeframe of separation required. Because you are still having sex and living with your husband, you might not meet this standard and therefore not be able to get a divorce. To be clear, you can live in a bona fide state of separation in the same household as your husband, but there would likely need to be no sexual contact, sleep in separate rooms, etc. to prove a bona fide state of separation.

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