Legal Separation – if you and your spouse have not decided on a divorce or your religious belief do not allow for a divorce, but you would like to live apart either temporarily or permanently, a legal separation may be right for you.
A legal separation allows you and your spouse to live separately and formalize the arrangement by a court order or through a written agreement. The order or agreement will specify what support, if any, one spouse will pay the other and may include child support, alimony, and the equitable division of your marital property and debts, all the same items that would be contained in a divorce settlement. If you have minor children, the agreement or court order will set out arrangements regarding child custody or child visitation.
A legal separation does not take the place of a divorce. A separation generally recognizes the possibility that the couple might reunite. In any case, most of the time the terms can be modified by you and your spouse or the court if you later divorce.
It is important to note that even if you are legally separated, you may not remarry. You must wait until a divorce is granted by the court before marrying again.
While you and your spouse are legally separate, you no longer accumulate marital property. The property acquired after the legal separation will be considered each partner’s separate or non-marital property.
If you are considering a legal separation or a divorce or if your spouse has already filed for a divorce, please call us as soon as possible at 404-348-4081 for a free 30 minutes telephone consultation, at that time CJ will listen to your goals and unique family situation and help you form a strategy that feels right and makes sense for your path forward. We look forward to hearing from you.
If you have agreed on a divorce and all the divorce terms, an Uncontested Divorce Attorney can assist you in getting your divorce completed. In the mean time, you may find the Georgia Child Support Worksheet helpful. Also, if you are considering an uncontested divorce, you may find the Uncontested Divorce Worksheet helpful in moving forward with an uncontested divorce.