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Legal Separation in Georgia
What is Legal Separation in Georgia?
In Georgia, there is no legal status termed legally separated. The way to be legally separated in Georgia, is through creating a Separate Maintenance Agreement. What this does for you, without getting a divorce, is establish a formal division of property, finances, and address matters affecting minor children.
A divorce ends a marriage while a legal separation agreement does not. Both involve a legal manner to set the terms of your relationship; however, if separated, you're still legally married."
A Separate Maintenance Agreement does not have an expiration date. Theoretically, you could live separately for as long as you choose. Some people find that there are benefits to remaining legally married, even if living apart. Among these reasons are:
- Financial Reasons: A separate maintenance agreement allows a couple to maintain financial benefits such as healthcare, tax advantages, etc. Example, one spouse may need employer provided healthcare coverage from their spouse. Legal separation can allow the dependent spouse to continue receiving these benefits.
- Personal/Religious Beliefs: If you have spiritual beliefs that conflict with the idea of divorce, a separate maintenance agreement may be a good option. A separate maintenance agreement is a manner to live apart without, without getting a divorce, and it affords legal protection.
- Trial Period: A separation period can serve as a trial period for couples who are unsure about whether or not they really want a divorce. Sometimes a cooling-off period saves a marriage.
- Child Custody and Support: Legal separation can also address matters of child custody, visitation, and support. It provides a stability for co-parenting and financial responsibilities.
Requirements for Legal Separation
In Georgia, you may file for separate maintenance if you are legally married yet living in an established state of separation and have no pending action for divorce.
Transitioning From Legal Separation to Finalized Divorce
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If you need to separate, but not certain a divorce is the right thing to do, you should consult with a legal separation lawyer to exlore your options. When you're informed you can make better decisions... and protect your future. Schedule a confidential consultation. Call 678-880-9361 or Contact Us Online.
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Temporary Orders
Your divorce will probably take months to become final. During this time you need stability.
Get Temporary Court Orders!- ✔ Establish temporary support payments
- ✔ Set custody and visitation schedules
- ✔ Clarify where each spouse will live
Helpful Tips
Legal Separation
Having doubts? In Georgia, obtaining a Separate Maintenance Agreement is a way to separate with legal protections, yet not be divorced. This may be a good option for you if you believe the problems can be resolved. A legal separation may be wise if a divorce could jeopardize critical insurance benefits.
Behavioral Advice
From the moment your fights started including the word "divorce" your actions and words may be recorded or otherwise documented.
Restrain yourself from displays of anger, inappropriate behaviors, and certainly actions deemed to be aggressive, immoral, or illegal.
Divorce is a time when you need to be on your absolute best behavior. One careless act can be a mistake that costs you a lot.