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What is the advantage to having a "legal" separation as opposed to the couple simply living separately?

Stone Mountain, GA |
Filed under: Divorce

Would a legal separation provide safeguards to protect both parties from debts incurred by the other prior to divorce?

Attorney Answers 5

Posted

Each state is different, which is why it's important to obtain information from an attorney who is licensed in Georgia. In Georgia, there isn't a status called "legally separated." However, you can file for separate maintenance. Many issues can be resolved in that process, including who is responsible for certain bills, and who will remain in the residence. If the spouse fails to pay a bill he or she is ordered to pay, the other spouse can seek court intervention to force payment.

You should seek a consultation with counsel to determine if a separate maintenance proceeding is appropriate for you.

I am available to discuss the matter with you in my Dekalb County office.

160 Clairemont Avenue
Suite 200
Decatur, GA 30030
(770)367-1234
demandingjustice@gmail.com

Licensed in Georgia and Maryland

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Posted

A legal separation also divides property and handles support and custody.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us at 858-720-8250 or by email at myra@fleischerlawoffice.com. Contacting us does not create an attorney-client relationship unless we are retained.

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Posted

It allows the court the leeway to ensure both parties are not incapable of supporting themselves. A legal separation puts others on notice that the parties are acting separately.

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Posted

Georgia does not have "legal separation" so your question does not apply in Georgia.

We do have something called separate maintenance, which generally doubles your legal fees as you sort out support in one case and then do it all over again in a divorce.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

As many of my colleagues have stated, Georgia does not have legal separation. We have an action for separate maintenance which provides for duties and responsibilities in the period of separation. It can be a very expensive process if you subsequently file for divorce, so definitely consult with an attorney to see which course of action you should take. www.abc-familylaw.com

All information Aisha provides on avvo.com is provided is for informational purposes only. Her response is based upon the facts that are presented by the author and does not create an attorney/client relationship. Please contact Aisha directly at 404.509.1578 or info@abc-familylaw.com if you would like to arrange for a consultation.

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