What’s The Difference Between A Legal Separation And A Divorce In Georgia?

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What does a couple whose religious beliefs, culture, or finances prevent them from divorcing do it they are determined to live apart?

Some couples, who have decided to end their marriage, may choose to live separately and go on with their lives individually instead of filing for divorce. In Georgia, the alternative to getting a divorce is known as a “separate maintenance action.”

What Is A Separate Maintenance Action?

Separate maintenance actions are akin to regular divorces in Georgia as they both allow for specific issues such as alimony, separation of assets and debt, child custody, and child support, to be agreed upon in advance. The primary difference between a divorce and a separate maintenance action is that a couple does not have to reside in the state of Georgia for at least six months before filing a separate maintenance action.

Cons Of A Separate Maintenance Action

If the couple chooses to file a separate maintenance action, neither may legally be allowed to remarry until they officially file for divorce and receive a final decree of divorce.

Pros Of A Separate Maintenance Action

Financial arrangements such as medical insurance can be maintained and remain in force for both spouses.

If the couple decides to file for a divorce after they have already filed for a separate maintenance action, the agreement in place between the two parties in the separation can help to minimize the cost and time that a divorce takes.

Filing for a separate maintenance action in Georgia is very similar to the process of filing for a regular divorce. The process can get confusing and complicated, and it is in the best interest of the individual to hire an experienced Georgia family law attorney such as Tyler Moffit to achieve the best outcome.

Tyler Moffitt is a Family Law and Criminal Defense Attorney who practices Carrollton, LaGrange, and Columbus, GA. He graduated from John Marshall Law School, and has been practicing for several years now. Tyler Moffitt takes great honor in defending the accused. Learn more about his experience by clicking here.

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