Roswell Legal Separation Lawyer
When a couple decides to separate, it may or may not be in anticipation of filing for divorce. Reasons for choosing separation over divorce can range from concerns about the social stigma to financial reasons. Regardless, the decision to separate or divorce is deeply personal, and you should choose the path that is right for you.
If you are considering a legal separation, it is still advisable to have an attorney helping you through the various steps and processes involved. A Roswell legal separation lawyer can work tirelessly to help you achieve the most desirable outcome for your case, file the correct paperwork, and appear in front of a judge on your behalf.
Similarities and Differences Between Separation and Divorce
Georgia law does not technically recognize legal separation, but it does allow couples to pursue a similar action known as separate maintenance. By filing for separate maintenance, the two parties can establish a legal relationship of separation without formally ending the marriage.
By obtaining a separate maintenance decree, you can accomplish many similar goals and resolve issues that frequently arise in divorce cases. This decree can deal with matters such as child support, child custody, alimony, and even property division.
However, there are some key differences between filing for separate maintenance and seeking a divorce. A couple who files a separate maintenance action is still legally married. A separate maintenance action is not a pending divorce action, and neither party can legally remarry someone else.
Some couples may decide to choose separate maintenance over divorce for any number of reasons. The parties can still enjoy certain tax savings, health insurance benefits, and other financial advantages by maintaining the marriage.
The decision to opt for separate maintenance over divorce may also stem from certain religious, cultural, or other personal convictions or simply the desire to undergo a trial separation without ending the marriage. A Roswell attorney can help you weigh the elements of separation over divorce in your scenario and assist you with all legal requirements involved.
Requirements to Seek Legal Separation
In order to file a separate maintenance action, the parties must be legally married, and there should be no pending divorce action. They must also be living separately, although that does not necessarily mean they must live in different homes. However, the parties should be in a state of separation that does not involve a marital or physical relationship.
Working with a Roswell attorney from the earliest stages of initiating a separate maintenance action is beneficial. As with seeking a divorce, these cases have strict legal requirements and involve significant paperwork, agreements, and court proceedings.
An attorney can help solve your legal issues and give you the guidance you need. It is also beneficial to work with a lawyer because they can ensure all documentation is legally binding, favors your best interests, and is in proper order to present to the court.
Speak With a Roswell Legal Separation Attorney
While Georgia law does not recognize the term legal separation per se, the ability to file for separate maintenance accomplishes a similar outcome. An attorney can help negotiate a separate maintenance agreement that formally establishes the rights and responsibilities incumbent on you and your spouse.
Whether you are dealing with a contentious situation or not, separate maintenance cases can become quite complicated. A Roswell legal separation attorney can help you resolve key issues such as how to handle shared finances and property, who has custody of the children, and any support payments to be paid.
You do not have to face these hurdles alone. Having an attorney by your side can offer peace of mind and safeguard your rights throughout the separation process. If you are considering a legal separation, do not hesitate to contact the Atlanta Divorce Law Group today to schedule your confidential case consultation.
