Legal Separation

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

Transitioning from legal separation can mean getting back together or getting a divorce. Some couples try a legal separation instead of rushing into a divorce. During that time, they may live in different homes. They may also follow a temporary parenting schedule or agree on temporary support and expenses. Being separated does not automatically mean you have to get a divorce.

In Georgia, transitioning from separation to divorce requires careful planning. Georgia does not treat legal separation (separate maintenance) in the same way as other states. Instead, spouses may live separately, sign a separation agreement, or pursue a separate maintenance case under certain circumstances. However, a divorce requires a separate court process that legally ends the marriage.