Georgia Separate Maintenance Agreements

When spouses are living in a bona fide state of separation, but are not ready to divorce, they can obtain a legal separation in an action for separate maintenance in Georgia.
Separation may be preferable to divorce for a variety of reasons. Maybe you and your spouse believe reconciliation is possible in the future, but you need a period of separation. There may be religious concerns about divorce. If you have not lived in Georgia for the six months required to get a divorce in Georgia, an action for separate maintenance might be an option. There may even be tax advantages to a legal separation in Georgia. Talk to an Atlanta divorce attorney to see if an action for separate maintenance may be beneficial for your situation.

Separate maintenance in Georgia allows the parties to address many of the issues that would be addressed in a Georgia divorce, but there will be no decree divorcing the parties. So, issues such as Georgia child support, Georgia alimony, custody of children in Georgia and division of property in Georgia can be resolved in an action for separate maintenance in Georgia.

This can be beneficial for both spouses because each will know what his or her rights and obligations are during the separation. If the parties later decide to reconcile their marriage, the decree of separate maintenance is automatically extinguished. If the parties later decide to divorce, they will likely have many issues already resolved, making the divorce an easier process.

If separate maintenance might be appropriate for your situation, an Atlanta divorce attorney can advise you on GA Divorce Law and how you can proceed. Though the process is similar, there are some procedural distinctions between an action for separate maintenance in Georgia and a divorce in Georgia that may be confusing without the counsel of an Atlanta divorce attorney. For instance, an action for separate maintenance in Georgia must be personally served on the defendant.

If you are unsure as to the whereabouts of your spouse, an Atlanta divorce attorney has the tools to assist you. Also, you may need the assistance of an Atlanta divorce attorney when attempting to reach an agreement as to the issues involved in your legal separation. As with a divorce in Georgia, the process of legal separation will be cheaper and quicker if the parties are able to reach an agreement.
Georgia Divorce and Family Law FAQ's
Understanding Family Law in GA

By Joseph Woodard
Published: 3/17/2009
 
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