Legal Separation vs. Divorce

If you’re married and don’t want to be anymore, it’s important to talk to a divorce attorney as you decide what to do. Georgia does not recognize legal separation, but a divorce lawyer can help you understand what your options actually are.

From a Divorce Attorney: Legal Separation vs. Divorce

As mentioned, Georgia does not actually recognize separation legally, and being separated doesn’t help your divorce in any way. With some states, you can waive the minimum waiting period before your divorce can be finalized so long as you have been living separately for a certain amount of time. That’s not the case in Georgia. No matter how long you’ve been living separately, you still have to go through the 30-day waiting period before you can get a divorce.

Understanding Separate Maintenance

While there’s no such thing as legal separation in Georgia, there is something called separate maintenance. This is something that a judge can order which permits spouses to separate and one to provide support to the other without the marriage being officially ended. 

A court order in this situation can deal with issues of child support and child custody, as well, but in the eyes of the law you are still married and remain so until you formally file for divorce. To get separate maintenance, you would need to seek a court order and should talk to a divorce attorney just as you would if you were getting divorced.

Pros and Cons of Separate Maintenance

There are some benefits to getting separate maintenance rather than divorce. For one thing, you can continue to file taxes as a married couple, which allows you to save in some areas. If your religious beliefs forbid divorce, separate maintenance offers a way for you to functionally live apart while not violating this religious belief. 

You can also keep healthcare benefits that may only be available to married couples. Finally, separate maintenance is sometimes right for a couple when they are not sure they want to get divorced and need more time to think about it. Separate maintenance allows you to maintain separate households and get a taste of what it will be like after divorce without actually going through it. 

However, separate maintenance is not without its downsides. For example, since you are not divorced, all assets still belong to you both, as well as all debts. If one person runs up a massive debt living on their own, you’re both responsible. You also cannot marry again until you actually get divorced, and if you choose to start dating someone else, this will be considered adultery in the eyes of the law, which could have repercussions on asset division and other issues when you divorce later. 

Divorce

Divorce is a complete end to your marriage. While it is stressful and emotional, it does make a clean break between the two of you. And once your assets are divided in the divorce, they become yours alone, so that you have full control over how they are used.

Talk to a Divorce Lawyer

The best way to decide what you should do is to speak with an experienced attorney. Contact South Atlanta Family Law in Stockbridge, GA for help today.

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