Is legal separation in Georgia allowed? The quick answer is no. The state of Georgia does not recognize legal separations. It also does not have provisions in place for court actions when it comes to legal separations. However, a couple still has a right to separate physically. Whether they plan to divorce or not, they can obtain an order called Separate Maintenance to help them divide assets and debts and manage custody and visitation agreements for any minor children.
When to File a Separate Maintenance Order
A Separate Maintenance order benefits couples who prefer not to divorce for religious reasons legally or need to stay legally married to maintain their spouse’s rights for health insurance or a pension plan. The primary legal differences between divorce and a Separate Maintenance order are simple. A divorce decree ends the marriage, and a Separate Maintenance order does not. You cannot legally marry someone else if you have a Separate Maintenance order but no divorce. Separate Maintenance also keeps the door open to reconcile with the spouse at any time.
In other words, the Separate Maintenance is similar to a divorce in that it addresses the following:
- Child support
- Child custody
- Visitation
- Spousal support
- Division of property
What Are the Requirements for a Separate Maintenance Order?
To file for a Separate Maintenance order, one spouse must live in Georgia for 30 days before filing. For spouses not living in the same county, the spouse filing the case should file it in the county where the other party resides. If one spouse doesn’t want the separation, the filer must arrange for the other to be served the paperwork.
What to Expect When Filing a Separate Maintenance Order
If the Separate Maintenance order case is uncontested, the judge will likely sign the order. This will only happen if both spouses agree on all issues like child support, custody, and property division. The judge must also deem everything to be fair for both parties.
If one of the spouses contests the order because of disagreements about the issues, each party will need to present evidence to the judge at the hearing and decide about the case. A Separate Maintenance case is similar to a divorce filing regarding the process, paperwork, negotiations, and associated fees.
To file for separate maintenance, the couple must have a valid marriage and live in an actual state of separation with no pending divorce action.
Legal Separation in Georgia
For example, in a divorce case, handling the paperwork, filing the case, and presenting a strong case to the court can be complicated and emotional. However, you don’t have to go through it on your own. Reeder Law Firm is here to help walk you through the process step-by-step and give you the professional advice and support you need. To learn more about legal separation in Georgia or to get your free, confidential consultation, talk to one of our Alpharetta attorneys today at (770) 475-2521.
