When a couple encounters trouble in their marriage, they may consider a separation or divorce. Divorce is the legal termination of marriage and has specific requirements. While in separation, the couple remains legally married although living apart.

Some couples remain permanently separated without going through the process of a divorce. There may be a number of reasons why a couple may prefer a separation instead of a divorce. A couple may separate without a divorce for religious, cultural, or even financial reasons. Before considering a separation or divorce, it is important to understand the limits of legal separation in Georgia.

LEGAL SEPARATION VS. DIVORCE IN GEORGIA
A divorce is the legal termination of a marriage. Georgia is a “no-fault” state for divorce. In order to get a legal divorce, a person must have been living in the state for at least 6 months, intend to remain permanently separated from their spouse, and have been “separated” at the time of filing for a divorce.

A legal separation is similar to a divorce process and is referred to as “Separate Maintenance.” A separate maintenance does not require the parties to be present in Georgia for 6 months prior to the filing. However, one or both spouses may convert the separate maintenance to a divorce action if the legal requirements for divorce are satisfied.

With a legal separation, the couple will reach an agreement for separate maintenance that mirrors a divorce agreement. Once the agreement is approved by the court, the couple is “legally separated,” but still lawfully married. The marriage remains valid unless it is dissolved by annulment or divorce. Because separated spouses are still legally married, they cannot marry another person unless they are officially divorced.

BENEFITS OF LEGAL SEPARATION
There are a number of reasons why a couple may prefer a legal separation instead of a divorce. Some couples have religious or cultural beliefs that make a divorce impossible or undesirable. A legal separation may be the best option for those who want to separate but do not want to divorce. Couples may also desire legal separation over divorce for tax reasons, insurance reasons, or because a divorce could have impact on other benefits the couple receives.

However, just as there are some potential benefits, there are drawbacks to choosing legal separation. Spouses are not necessarily separated for purposes of any legal liability, cannot remarry, and may remain tied together for other reasons that are not desirable.

TEMPORARY OR TRIAL SEPARATION
A legal separation may begin with temporarily living apart. Even without planning to legally separate, one spouse may temporarily move out to give the couple time to think things over. Separating on a trial basis could eventually lead to the decision to legally separate or divorce.

Alternatively, a temporary separation may result in the couple reconciling, without having to deal with the legal consequences of a divorce or separation agreement.

SEPARATION AGREEMENTS
For couples who decide to permanently separate, they may need a separation agreement to resolve questions involving child custody, spousal support, and property division. The couple may agree to how they want to resolve these disputes, but the couple may need a formal document to be able to enforce the agreement.

A Separation Agreement is a contract that spells out the terms of the couple’s separation. In general, a separation agreement may include:

• Child custody
• Child support
• Spousal separation support
• Property division
• Pet custody
• Which spouse gets what property
• Which property should be sold
• Insurance coverage and costs

THE LEONARD FIRM
The decision to divorce or legally separate can be difficult. If you are considering a legal separation in Georgia, the Leonard Firm is here to help. We can help you negotiate the terms of separation, including child custody, support and property division. With two locations in Atlanta to serve you, the Leonard Firm is committed to helping our clients in their time of need. Contact us today and see how we can help you and your family.

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