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

Asked about 1 year ago - Stone Mountain, GA

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

Attorney answers (5)

  1. Paula Jeanette Mcgill

    Contributor Level 17

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    Answered . 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
  2. Glen Edward Ashman

    Pro

    Contributor Level 20

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    Answered . 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... more
  3. Aisha Blanchard Collins

    Pro

    Contributor Level 4

    Answered . 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... more
  4. Myra Chack Fleischer

    Contributor Level 12

    1

    Lawyer agrees

    Answered . 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... more
  5. A J. Williams

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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