If your marriage is coming to an end, or if you and your spouse simply need some time apart to mend your relationship, you may benefit from entering a formal separation agreement instead of dissolving your marriage. Separation agreements, or separate maintenance orders help you manage your finances, assets, and shared children without dissolving your marriage.

A family law attorney at our firm can help you navigate this challenging time in your marriage. Let a dedicated Crabapple separation agreements lawyer help you make the most of your time apart by protecting your rights to property and support, child custody, and more. If you end up deciding to divorce after being legally separated, do not hesitate to retain qualified legal representation.

How Does State Law Define Separation Agreements?

While Georgia does not have a formal law for legal separation, individuals who wish to separate may file a petition for “separate maintenance.” Official Code of Georgia Annotated §9-11-40 generally requires a waiting period of at least 30 days before filing a divorce petition. Couples who want a longer waiting period to consider whether dissolving the marriage is the right path may also enter into a separation agreement with the help of a Crabapple lawyer.

Separate Maintenance as an Alternative to Divorce

Some couples may not wish to formally divorce for religious or financial reasons, like to maintain insurance or Social Security benefits, for example. Separation agreements in Crabapple have a similar outcome as divorce and can address many of the same issues. O.C.G.A. §19-6-10 provides that spouses who are separated and have not initiated divorce proceedings can seek an order for separate maintenance from the court.

Requirements for Legal Separation in Crabapple

Some petitions are filed by mutual agreement, similar to a “no fault” divorce. This means that neither spouse is at fault for causing their separation. Otherwise, either spouse can provide a reason for the separation, such as adultery, substance abuse, domestic violence, abandonment, or other misconduct.

Like divorce proceedings, an order for separate maintenance will address issues regarding child custody, visitation, child support, spousal support or alimony, and the division of property and other assets. Additionally, individuals wishing to separate can work through their contested issues outside of court through mediation.

Unlike divorce, there is no six-month residency requirement for those seeking to legally separate in Crabapple. Additionally, the individual seeking a separate maintenance order will need to serve their spouse with the court papers personally, rather than by publication.

Contact a Crabapple Separation Agreements Attorney for Assistance

Your marriage may be going through a tough time, and you and your spouse may need space to consider whether the relationship is worth continuing. Even if you decide to divorce later down the line, letting one of our team members help draft a separation contract beforehand can make the process of dissolving a marriage much easier.

A Crabapple separation agreements lawyer can help you understand your rights under state law and ensure your interests are protected in a viable contract. Get in touch with our firm today to learn more.

Recent Blog Posts
Do You Know Your Parents’ Stories?
3 Tips for Preserving Family History This Grandparents Day In many Native American tribes, it’s traditional to gather and...
From a Scatterbrained Summer to an Orderly School Year
Hacks to Get Your Kids Organized Summer break (especially for young kiddos) is a lawless time with little meaning...
Better Together – Appreciating Those around You
The American labor market is in a weird place right now. It seems like every time I turn on...
View All Posts

Atlanta Divorce Law Group

Alpharetta Office

Atlanta Divorce Law Group
3560 Old Milton Parkway,
Alpharetta GA 30005

Buckhead Office

Atlanta Divorce Law Group
3355 Lenox Road,
Suite 750

Atlanta GA 30326

By Appointment Only
Marietta Office

Atlanta Divorce Law Group
533 Johnson Ferry Rd
Suite D-450

Marietta GA 30068

By Appointment Only
Suwanee Office

Atlanta Divorce Law Group
593 Main St,
Suite B,

Suwanee GA 30024

By Appointment Only