Moving out does not end your marriage, and in Georgia adultery committed after you separate still counts.
The Statute Draws the Line at the Marriage, Not the Separation
OCGA 19-5-3(6) makes a ground for divorce “[a]dultery in either of the parties after marriage.” The statute says nothing about separation. You remain married until a judge grants the divorce, so a new relationship begun after one spouse moves out is conduct “after marriage” within the meaning of the statute.
A Georgia Case on the Point
Rowell v. Rowell, 209 Ga. 572 (1953), makes this concrete. A wife sued her husband for divorce on the ground of cruel treatment. He answered, recriminated, and asked for a divorce in his own favor. He later amended to allege that she had committed adultery with a named man on a date after the parties had separated and after her suit had already been filed.
At trial the judge struck that amendment. The Georgia Supreme Court held that striking it was good and sufficient cause to set the verdict aside, because “the alleged act of adultery, though after the date of separation and suit, if proven, would be a good defense.” A party has the right to have his written pleadings before the court.
What That Means Practically
Adultery that starts after the separation is still in play, both in what you file and in how you answer what your spouse filed. Filing first does not close the record on what either of you does afterward, and the pleadings can be amended to reach it.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!