Georgia Separate Maintenance Agreements
Experienced Georgia Family Law & Divorce Attorneys
A GA separate maintenance agreement is an alternative to a divorce which works well for some married couples. Under a separate maintenance agreement in Georgia, a husband and wife remain legally married but formally declare that their lives are separated and that they are no longer living together. A divorce decree is not issued to officially dissolve the marriage.
Why a GA Separate Maintenance Action Rather Than A Divorce?
Our
Atlanta divorce attorneys find that there are a number of
reasons why couples may opt for
a separate maintenance agreement rather than a divorce. Some individuals,
sometimes for moral and sometimes for religious reasons, are
simply opposed to the idea of a divorce. Other individuals want to maintain their marriage so they can continue to
receive health insurance or social security benefits. Whatever
your reason may be for choosing a Georgia separate maintenance
agreement rather than a divorce, the process can be complicated
and we recommend that you consult with one of our family law
attorneys to ensure that your interests are well protected.
Similarities Between a Divorce and Separation Agreement
Under Georgia divorce law, the procedures for obtaining a separate maintenance agreement are similar to those for obtaining a divorce, with the obvious exception that an actual divorce decree is never granted. This means that all the same issues that must be resolved in a divorce proceeding must also be resolved in a separate maintenance agreement proceeding, including the separation of all assets and personal property, alimony payments, and if children are involved, Georgia child custody, visitation, and support.
Differences Between a Divorce and Separate Maintenance Agreement
A major distinction between a divorce and separate maintenance agreement under Georgia law is that a couple does not have to reside in Georgia for any set period of time before they can file for a separate maintenance agreement. Divorce filings, on the other hand, cannot be started in Georgia until the husband or wife filing for the divorce has lived in the state for at least six months. Sometimes when individuals are new to the state, they choose to file for a Georgia separate maintenance agreement first, and then may continue with a divorce once they have lived in the state for the required period of time.
Getting Started
Issues regarding Georgia separate maintenance agreements can be confusing and sometimes intimidating, and the help of an experienced family law attorney will be invaluable in helping you protect your interests. If you are dealing with a family law issue, we advise you to speak with one of our Georgia family law attorneys sooner rather than later. For a typical divorce or separate maintenance agreement, our law firm retainer begins at $2,500.00. If you would like to talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call. For additional contact information and driving directions to our firm please visit our Contact Page. Thank you and we look forward to working with you.