Legal Separation And Divorce In Georgia

August 22, 2018
Legal separation and divorce in georgia

Not sure if divorce is the correct step for your relationship, but equally unsure of what legal separation actually entails? We can help.

 

The Fairell Firm is a family law firm in Atlanta, and we’re committed to helping people find the right solutions for their family. We have some of the best divorce lawyers out there, and we can handle everything from divorce and custody in Georgia to personal injury. If you have any questions or are ready for divorce help, contact us today.

 

Georgia Courts Don’t Recognize Legal Separation

Legal separation is not an official action Georgia courts can grant. Legal separation simply means you and your spouse no longer engage in marital relations. There is no required timeframe. You can live in the same house, but not in the same room.

To file for divorce in Georgia, you have to be legally separated. This legal separation, however, is determined by something called separate maintenance action .

Separate Maintenance Action Is An Option

 Whether you want to separate but not divorce or you’re separating with the intention of divorcing, separate maintenance action is the appropriate move.

 There are several reasons you may want a separate maintenance action instead of a divorce:

  • You’re not emotionally or financially ready for divorce, but you and your spouse wish to separate and you need help to establish support.
  • Your religion prevents you from seeking a divorce, but you need financial support, child support, and a visitation agreement.
  • You haven’t been a Georgia resident for more than six months and, therefore, can’t file for divorce, but you still need help to establish support.
  • You need to remain on your spouse’s health insurance.

 Through a separate maintenance action, a judicial determination with will separate spouses and detail how support will be provided. You will not be divorced from your spouse .

  • The court will decide how child support, child custody, and alimony will be taken care of, just as it would in a divorce.
  • You and your spouse are legally separated. You are not divorced.
  • You and your spouse are no longer responsible for each other.

Many people will choose not to divorce at this time so they can retain some legal benefits, such as insurance.

Get divorce help today. Contact us

Divorce Is The Next Step

 If you don’t wish to have a separate maintenance action long-term, then divorce is the next step. In order to divorce, the separation must be maintained and the specific date of separation can be important to record. Be sure to choose a verifiable date.

Your separate maintenance action, which is essentially legal separation, can be a clear outline of how both parties wish to proceed. Thus, this can make the divorce process go much more smoothly.

Filing for divorce, even with a previous separate maintenance action, can be confusing and overwhelming. If you’re sitting on your couch searching for “divorce attorney near me,” then The Fairell Firm is to the rescue with divorce help. Our female divorce lawyers are compassionate, experienced, and they’re committed to helping you find a safer, healthier, and happier home situation. Contact us to have local divorce attorneys in Atlanta on your side throughout the divorce process.