SEPARATE MAINTENANCE VS. “LEGAL SEPARATION”

Although Georgia does not recognize what is often referred to as a “legal separation,” Georgia does recognize an action for separate maintenance.

In Georgia, “[w]hen spouses are living separately or in a bona fide state of separation and there is no action for divorce pending, either party, on the party’s own behalf or on the behalf of the minor children in the party’s custody, if any, may institute a proceeding by petition, setting forth fully the party’s case.”  O.C.G.A. § 19-6-10.  While a petition for separate maintenance does not end in a legal divorce, an action for separate maintenance can establish custody rights, child support, alimony, and property division.

WHY NOT FILE FOR DIVORCE?

Individuals may often chose an action for separate maintenance for a variety of reasons, ranging from relgious beliefs and personal ethics to financial risks and legal ramifications.  For example, while a divorce action terminates the legal connection between two parties, a separate maintenance action will allow a couple to maintain health insurance.

CONTACT US

Whether you find yourself contemplating a petition for separate maintenance or divorce, be sure that you have an attorney looking out for your best interests.

The Sellers Law Firm, LLC, has years of experience in dealing with separate maintenance actions, and we can help guide you during this time. Give us a call today at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

You may also contact us online by submitting a case evaluation request HERE.