Will the Judge dismiss your divorce case if you and your husband are still having sex with each other on a regular basis?

Attorney answers (3)

1. Licensed in GA

   

   Glen AshmanPro

   East Point Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered August 12, 2012 19:18. If you can prove it, yes. A requirement of a divorce is that the parties have ceased sexual relations before the filing and not have any after. Make sure to tell your lawyer about your now void-divorce case.

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2. Licensed in GA

   

   Darrell Reynolds

   Decatur Criminal Defense Attorney

   Contributor Level 15

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   Answered August 13, 2012 08:15. In order for the divorce to be granted, the parties must be in a state of separation. That include no longer having sex with each other. If a judge finds out that you all are still having sex, the judge will dismiss the action.

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3. Licensed in GA

   

   Samuel SiemonPro

   Atlanta Divorce / Separation Lawyer

   Contributor Level 6

   

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   Answered August 14, 2012 07:04. 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.

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