Navigating a legal separation in the military presents unique challenges, especially when it comes to dating. At Hobson & Hobson, P.C., we understand the complexities that service members and their spouses face during this transitional period. Our experience in Georgia family law, combined with a deep understanding of military regulations, allows us to provide clear, actionable guidance for those considering new relationships before a divorce is finalized.
Understanding Legal Separation in the Military
Legal separation in Georgia is not a formal legal status but rather a period during which spouses live apart with the intention to divorce. For military families, this period is further complicated by the Uniform Code of Military Justice (UCMJ), which governs the conduct of service members regardless of state law.
Can You Date While Legally Separated in the Military?
Short answer: Dating while legally separated in the military is fraught with risks. Both Georgia law and military regulations advise extreme caution.
- Georgia Law: While dating during separation is not illegal, sexual relations with someone other than your spouse before a divorce is finalized constitutes adultery (Georgia Code §16-6-19). Adultery can be grounds for divorce and may impact alimony, property division, and even custody.
- Military Law: Under Article 134 of the UCMJ, adultery is a criminal offense for service members, regardless of state separation status. The military considers you married until a court issues a final divorce decree.
“The only 100 percent safe course of action under the UCMJ is to wait until a state court has granted you a final decree of divorce, thereby making you ‘single’ again.” — Military Legal Expert
Legal and Practical Implications
Impact on Divorce Proceedings
- Adultery Allegations: Even if dating is platonic, the perception of a romantic relationship can lead to damaging allegations. In Georgia, adultery can be used as grounds for divorce and may result in the denial of alimony to the spouse found at fault.
- Custody Considerations: Georgia courts prioritize the best interests of the child. If a new relationship is perceived as destabilizing or harmful to children, it could influence custody decisions (Georgia Legal Aid).
- Property Division: While dating itself may not directly affect property division, allegations of adultery or misconduct can sway negotiations and outcomes.
Military-Specific Risks
- UCMJ Article 134: Service members found guilty of adultery can face court-martial, administrative actions, or career-ending consequences (Military OneSource).
- Perception and Reputation: The appearance of impropriety can affect a service member’s standing, security clearance, and future opportunities.
Ethical Considerations
- Marital Trust: Dating during separation can be seen as a breach of trust, complicating negotiations and co-parenting arrangements.
- Negotiation Leverage: Allegations of infidelity can be used as leverage in divorce settlements, even if not prosecuted criminally.
Professional Advice: Proceed with Caution
At Hobson & Hobson, we advise clients to avoid dating until the divorce is finalized. This approach minimizes legal risks, protects your reputation, and prevents complications in both civilian and military contexts.
Key Recommendations:
- Consult Your Attorney: Always discuss your intentions with your legal counsel before beginning a new relationship.
- Avoid Public Displays: Even innocent outings can be misconstrued and used against you in court or military proceedings.
- Document Interactions: If you choose to date, maintain clear records and avoid situations that could be misinterpreted.
- Seek Military Legal Guidance: Service members should consult with the Judge Advocate General (JAG) office for tailored advice (U.S. Army JAG Corps).
Georgia Courts and Military Legal Separation
Georgia courts do not formally recognize “legal separation” as a distinct status. However, the period of separation is still scrutinized during divorce proceedings. Courts may consider the conduct of both parties during this time, especially if it affects children or financial matters.
- Alimony and Fault: If adultery is proven, the offending spouse may be barred from receiving alimony (Georgia Code §19-6-1).
- Custody: The court’s primary concern is the welfare of the children. Any behavior that could be seen as detrimental to their well-being will be taken seriously.
Unique Insights from Our Experience
With over 30 years of combined experience, our attorneys at Hobson & Hobson have seen firsthand how dating during military legal separation can complicate even the most amicable divorces. We leverage advanced technology and ongoing training to stay ahead of evolving family law, ensuring our clients receive the most current and effective representation.
Our Approach:
- Empathy and Advocacy: We balance compassionate guidance with aggressive advocacy when your rights and interests are at stake.
- Efficiency: Our litigation training and use of technology streamline the legal process, reducing stress and uncertainty.
- Client-Centric Support: We prioritize clear communication, transparency, and personalized strategies for every client.
Frequently Asked Questions
Can you date while legally separated in the military?
No, dating while legally separated in the military is highly discouraged. Under the UCMJ, service members can be prosecuted for adultery until a final divorce decree is issued.
Is dating during legal separation illegal in Georgia?
Dating itself is not illegal, but sexual relations with someone other than your spouse before divorce is finalized constitutes adultery, which can impact divorce outcomes.
How does dating during separation affect custody?
If the new relationship is perceived as harmful or destabilizing to children, it may negatively impact custody decisions.
What are the risks for service members?
Service members risk criminal prosecution, administrative action, and career consequences if found guilty of adultery under the UCMJ.
Should I consult an attorney before dating during separation?
Absolutely. Consulting with a family law attorney and, if applicable, military legal counsel is essential to understand the risks and protect your interests.
Additional Resources
- Georgia Legal Aid: Divorce and Separation
- Military OneSource: Adultery in the Military
- U.S. Army JAG Corps
- Georgia Code §16-6-19: Adultery
- Hobson & Hobson, P.C.
At Hobson & Hobson, P.C., we are committed to helping you make informed legal decisions during challenging times. If you are facing a military legal separation or have questions about dating during this period, contact us for a consultation. Our experienced attorneys are here to protect your rights, your family, and your future.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.