Yes, but the requirement is easier to meet than most people expect. There is no waiting period, and neither spouse has to leave the house.
No Fixed Period of Separation
In Brant v. Brant, 209 Ga. 151 (1952), the Georgia Supreme Court held that a petition alleging the parties lived together until the plaintiff “separated from the defendant” on a stated date was enough. Cruel treatment, the Court said, “requires no definite period of separation.” That is a real difference from desertion, which by statute runs for a year.
You Can Separate Without Moving Out
In Blasingame v. Blasingame, 249 Ga. 791 (1982), a husband argued that there had been no separation at all because both spouses were still living in the same house, merely occupying different parts of it. The Georgia Supreme Court declined to hold that a spouse must abandon the marital home, and adopted this definition:
“Marital separation means a suspension of marital relations between husband and wife without dissolution of the marital relationship… It is not essential that the husband or wife should leave the marital homeplace; separation can occur when one spouse moves into another room with the intent and purpose of suspending conjugal rights.”
The husband there slept in a separate room in the basement, twice testified that the couple had separated, and offered no evidence that conjugal rights had ever resumed.
Cruelty After the Separation Still Counts
Separating does not close the record. In Wiley v. Wiley, 231 Ga. 798 (1974), the Court held that a wife could use conduct she did not even learn about until after she was living apart from her husband as evidence of cruel treatment.
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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!