Table of Contents
What are Georgia Separation Laws?
- How the Court Process Works for Separate Maintenance
- How Can a Family Law Attorney Help?
What are Georgia Separation Laws?
While the state of Georgia does not specifically authorize “Legal Separations”, Georgia does allow married couples to seek Separate Maintenance as an alternative to filing for divorce. While many may refer to Separate Maintenance as a “legal separation,” Separate Maintenance in Georgia provides important legal protections and obligations for spouses who need to separate but wish to remain married. The Separate Maintenance orders issued by the court establish rights and duties related to finances, child custody and support, property division, and other critical issues.
There is no mandatory waiting period before converting a Separate Maintenance action to divorce through further court action. As long as the Separate Maintenance order remains in effect, neither spouse is permitted to legally marry another person as the two parties are still considered to be legally married to one another. If a party wishes to fully the divorce the other party, then they are required to file a new action and can tender the Separate Maintenance Order as evidence in the divorce action.
How the Court Process Works for Separate Maintenance
The process for obtaining Separate Maintenance in Georgia follows many of the same legal steps and procedures as filing for divorce:
- One spouse must establish residency in Georgia for at least six months before filing the complaint for separate maintenance.
- The petitioning spouse files a complaint in the superior court in the county where the defendant’s spouse lives. This includes their requested arrangements for child custody, support, property division, etc.
- The court may hold a temporary hearing to establish financial support obligations and other urgent issues while the action proceeds.
- If no agreement is reached timely, they must attend mediation to attempt to negotiate a Separate Maintenance agreement, addressing all disputed issues between them, and outlining separate property versus marital property for the future.
- Barring reconciliation during the process, the spouses proceed to a final court hearing where a judge reviews evidence and testimony before issuing final orders.
How Can a Family Law Attorney Help?
Going through separation without an attorney represents a risky legal strategy that often leaves rights unprotected. An experienced family law attorney can provide invaluable assistance, such as:
- Guiding clients through Georgia’s specific separate maintenance laws, mediation, paperwork, and court filings
- Negotiating firmly on their client’s behalf related to finances, property division, and child custody arrangements
- Helping gather supporting evidence for court hearings related to domestic violence, adultery, or other pertinent grounds
- Appearing with you in court for any hearings to argue persuasively before a judge
- Drafting and modifying legal documentation appropriately as separation circumstances evolve
How Can a Family Law Attorney Help?
Going through separation without an attorney represents a risky legal strategy that often leaves rights unprotected. An experienced family law attorney can provide invaluable assistance, such as:
- Guiding clients through Georgia’s specific separate maintenance laws, mediation, paperwork, and court filings
- Negotiating firmly on their client’s behalf related to finances, property division, and child custody arrangements
- Helping gather supporting evidence for court hearings related to domestic violence, adultery, or other pertinent grounds
- Appearing with you in court for any hearings to argue persuasively before a judge
- Drafting and modifying legal documentation appropriately as separation circumstances evolve
At FBA Family Law, their legal team has assisted countless Georgia residents with complex separation issues. By taking an aggressive yet compassionate approach, they aim to secure the most favorable outcomes toward their client’s goals, whether resolved out of court or through litigation. Their attorneys keep clients informed through every step while offering sound counsel on Georgia divorce laws each step of the way. For professional legal representation during this challenging transitional period in your marriage, contact a knowledgeable Georgia separation law attorney today.
