Legal Separations – Georgia Attorneys
Coleman Legal Group, LLC’s attorneys practice in the areas of legal separation and separate maintenance in Georgia. In Georgia, a legal separation is more specifically an order for Separate Maintenance. Specifically, in Georgia, an action for Separate Maintenance is filed with the court – and not for a petition for a Legal Separation.
A Separate Maintenance action does not end a marriage
A Separate Maintenance action is not the equivalent of a divorce. For example, if you have filed for Separate Maintenance, you are still technically married and cannot marry someone else.
A Separate Maintenance action is for spouses that do not, or cannot get divorced, but want to live apart and/or separate all of their assets, property and debts. In a separate maintenance action, the court will issues an order for support will define the rights and responsibilities of the spouses while living apart. Like all court orders, a separate maintenance order can be enforced by bringing a contempt action with the court.
Either the husband or wife may file a separate maintenance action with the court and ask for alimony and / or child support. A divorce action does not have to be pending and the parties technically can still be living at the same address. The other party must be served with the separate maintenance action in accordance with Georgia law. Once decided upon by the court, a judge can grant a Separate Maintenance order which can be enforced the same way as a divorce decree. See O.C.G.A. 19-6-10.
In Georgia, you may file for separate maintenance so long as you are in a valid legally recognized marriage and are living in a state of separation. In Georgia, unlike some states, a husband and wife may live at the same address and still be legally separated. But the husband and wife cannot share the same bed and their lives should be separate financially and socially. Also, to file for separate maintenance, there must not be a pending action for divorce.
Reasons to File for Separate Maintenance
There can be several valid reasons to file for separate maintenance. However, the most common reasons are:
- To maintain health insurance for a dependent spouse
- For religious reasons
- For social and cultural reasons
- There is a possibility of reconciliation
- The parties do not yet meet the residency requirements to file a divorce in Georgia
- For various other financial and legal reasons (government benefits, immigration, bankruptcy, etc.)
Difference Between a Georgia Divorce and Separate Maintenance
As listed above, a person may wish to file for separate maintenance over a divorce because in the case of a divorce there is no six (6) month residency requirement. Also, unlike a divorce, the defendant must be personally served separate maintenance action – and cannot be served with publication.
In an uncontested suit for separate maintenance, the parties must be in total agreement regarding all material issues such as child support, alimony / spousal support, child custody / visitation, division of marital property / assets, allocation of marital debts and any other relevant issues. In an uncontested separate maintenance action, there is no trial. Rather, the court is asked to approve a signed and notarized agreement between the parties laying out all the relevant terms for the separate maintenance. It is important to note, a separate maintenance agreement can also be used as the agreed terms in a subsequent divorce action.
The family law attorneys at Coleman Legal Group, LLC can help make sure that your separate maintenance agreement is in your best interest now, and should it become part of a future divorce action.
In a contested action for separate maintenance there is no signed agreement for separate maintenance between the parties. Rather, unless the parties can settle the matter before a trial is scheduled, a Judge will have to review evidence in the case and decide the terms of the separate maintenance decree. This can be very complicated and should not be attempted without the help of an experienced family law attorney. A contested separate maintenance action may include discovery, such as (but not limited to): depositions, interrogatories, requests for production of documents, request for admission. At Coleman Legal Group, LLC our lawyers are well versed in discovering helpful evidence in a case and using it to help our clients achieve the best result possible.
Divorce and Family Law – Georgia Areas We Serve
Our Georgia divorce lawyers and family law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Sharon Springs, Suwanee, Marietta, Woodstock, Sandy Springs, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta and the Virginia Highlands.
Our Georgia divorce lawyers and family law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Our main office is located in Alpharetta Georgia at: 11539 Park Woods Circle, Suite 304, Alpharetta, GA 30005. We also have offices conveniently located at:
| Alpharetta Georgia Park Woods Commons 11539 Park Woods Circle Suite 304 Alpharetta, GA 30005 Phone: 770-609-1247 | Map |
Atlanta Georgia |
| Dunwoody, Sandy Springs GA 400, Atlanta Georgia 1200 Abernathy Rd Building 600 Atlanta, GA 30328 Phone: 770-609-1247 | Map |
Cumming Georgia |
| Johns Creek, Duluth GA 11555 Medlock Bridge Road Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
| Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
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Updated: 2022-01-20
