Determining if Separate Maintenance is the best choice for you

Couples may decide not to divorce for a variety of reasons.  In Georgia, an alternative to divorce is separate maintenance (also referred to as legal separation).  A separate maintenance action can address a number of issues such as: custody/visitation, which party will pay for each debt of the parties while separated, and financial maintenance for a party and/or children of the parties while in a state of separation.

The parties should keep in mind that any legal determination or agreement  in regards to a legal separation may have an effect on a divorce, if one should later occur.  A separation agreement between the parties could also be later utilized, if necessary, to streamline a divorce action and save the parties additional fees and expenses.

The parties cannot remarry while in a state of  legal separation and will not be granted a Final Decree of Divorce unless or until they divorce. A legal separation should be taken very seriously. Any agreement should be worded in such a way as to fully address all relevant issues allowable by Georgia law.

Post written by: Tiffany R. Lunn Esq.

Phone: 770-492-2974

Published in: on September 6, 2010 at 12:02 pm  Comments Off  
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