The decision to separate from your spouse can be complex and uncertain. You may wish to separate because you plan to file for divorce later or have no intention of initiating divorce proceedings at a later date.
Simply deciding to separate does not formalize these proceedings under Georgia law. If you want to initiate legal action related to separation, you need to take several important steps.
If you decide to separate from your spouse while still living together, this can add a layer of complexity to the situation. Fortunately, an attorney can help you evaluate the pros and cons of filing for separate maintenance with a Georgia family court.
Obtaining a Separation While Living Together
Under Georgia family law, the term legal separation does not exist, but the concept of separate maintenance does. By filing a separate maintenance action, couples who plan to divorce eventually or who want to separate without divorcing can legalize their separation without actually ending the marriage.
The law also allows couples to be separated while still living together. While you do not have to live separately from your spouse to move your case forward, you cannot file a separate maintenance action while still engaged in a marital relationship.
In other words, you cannot still engage in sexual activity with your spouse and establish a legal separation through a separate maintenance action. Changes like one spouse moving to another bedroom in the house to maintain their own private space can be helpful to establish clear boundaries when pursuing a separate maintenance action.
Couples who have ceased their marital relationship and wish to file a separate maintenance action may decide to remain under the same roof because one party moving out is simply financially unfeasible. Besides the cost of living, other factors that could motivate a couple to separate while still living together could include the desire to save money to pay for the cost of a divorce in the future, the desire to maintain insurance or other financial benefits or to preserve a sense of stability for the sake of the children.
Overview of Separate Maintenance
Separate maintenance can be an alternative to divorce. A separation agreement can ensure you work out many of the issues that you would in a divorce settlement agreement, such as matters involving child support, alimony, child custody, and the distribution of assets.
In order to qualify for separate maintenance, the two parties must be fully separated (no longer engaging in marital relations) and may not have a divorce action currently pending. You must also be able to prove that you are legally married, and either you or your spouse will need to petition the family court for a separate maintenance order in the applicable county. Our firm can help you develop a separation agreement that details the resolution of all key issues involved and represent you before the family law court.
Speak With an Attorney for More Information About Separating From Your Spouse While Living Together
If you decide to file for separate maintenance, you can address core issues that would also arise in traditional divorce proceedings. For example, you can resolve concerns over child custody, child support, alimony, and property division without actually filing for divorce.
Understandably, separating from your spouse can be stressful. If you are still living together, there may be additional unique considerations to address in your case. An experienced family law attorney can help you understand your rights and provide proper guidance. Contact the Atlanta Divorce Law Group today to receive your one-on-one consultation with an advocate from our legal team.
