Atlanta Legal Separation Lawyer
Is legal separation an option for couples in Atlanta, Georgia? Georgia does not recognize legal separation as a formal legal status. Instead, spouses who want to live apart without divorcing may seek a separate maintenance order. An Atlanta legal separation lawyer at Crystal Wright Law, LLC can explain your options and help protect your rights. Contact us today at (404) 594-2143 to schedule your free consultation.
Whether you are considering a separate maintenance action or exploring your family law options, our attorneys can guide you through the process. We have nearly a decade of experience helping families throughout the Atlanta area resolve complex legal matters with personalized representation and practical advice.
How Can Crystal Wright Law, LLC Help With Your Legal Separation in Atlanta, GA?
Separating from a spouse means making tough decisions about things that will dramatically impact your future. While a separate maintenance action doesn’t end your marriage, the terms you agree to can still carry real legal weight down the road. Working with a trusted Atlanta family law attorney helps make sure the outcome actually reflects your interests.
Crystal Wright Law, LLC can help by:
- Walking you through how separate maintenance works under Georgia law
- Drafting and reviewing your separate maintenance agreement
- Negotiating on your behalf when you and your spouse can’t agree on key issues
- Representing you in court if a judge needs to step in and resolve a dispute
- Advising you on how the terms of your agreement could carry over into a future divorce
Contact our law offices today to schedule a free consultation with an Atlanta legal separation attorney. We’re available 24/7 to take your call.
How Separate Maintenance Works in Georgia
Under O.C.G.A. § 19-6-10, either spouse can file a separate maintenance action when the couple is living apart, and no divorce case is currently pending. This process allows the court to weigh in on many of the same issues that come up in a divorce, including child custody, alimony, and more.
One key difference between separate maintenance and divorce is the timeline. Georgia law requires a 30-day waiting period before a divorce can be finalized under O.C.G.A. § 19-5-3. That cooling-off period doesn’t apply to separate maintenance, which can sometimes move faster as a result.
If either spouse later decides to file for divorce, the separate maintenance agreement can be rolled into the divorce settlement. However, a pending divorce will supersede any existing separate maintenance case, so the timing of these filings is something to pay close attention to.
Why Do Couples Choose Separate Maintenance Over Divorce?
There are plenty of reasons why spouses go the separate maintenance route rather than filing for divorce right away. For some, the marriage isn’t necessarily over. Living apart gives them time to evaluate the relationship without the finality that comes with a divorce decree.
Others make the choice for practical reasons. Staying legally married allows both spouses to keep sharing health insurance through an employer’s plan. It can also help a couple reach the 10-year marriage threshold needed for Social Security spousal benefits. Some couples prefer to keep filing taxes jointly, and others have religious beliefs that make divorce a last resort.
One thing to keep in mind is that you are still legally married under a separate maintenance agreement. Trying to marry someone else would be considered bigamy under Georgia law. Because the parties remain legally married, engaging in an adulterous relationship during a period of separate maintenance could affect certain issues if the case later proceeds to divorce.
What Issues Can Be Addressed in an Atlanta Separate Maintenance Action?
A separate maintenance action can resolve many of the same issues that a divorce would. Here are some of the most common:
Child Custody
Georgia courts decide custody based on the best interests of the child. A separate maintenance agreement can establish physical custody, meaning where the child lives, along with legal custody, which covers who makes major decisions about things like education and healthcare. A parenting plan will also need to be put in place.
Child Support
Child support in a separate maintenance case is calculated the same way it would be in a divorce. Georgia uses an income shares model that factors in both parents’ earnings along with costs like healthcare and childcare.
Alimony
The court may award spousal support to one spouse as part of a separate maintenance decree. How much depends on things like the length of the marriage, each spouse’s financial situation, and the standard of living during the marriage.
Property Division
A separate maintenance action can address certain property concerns, but it does not permanently divide marital property in the same manner as a divorce decree. If there are major assets involved, working with an attorney is especially important to make sure nothing gets overlooked.
Schedule a Free Consultation With an Atlanta Separation Attorney
If you’re considering a separation from your spouse in Atlanta, GA, Crystal Wright Law, LLC has the experience to help you through the process. Our award-winning family and divorce law firm can look at your situation and advise you on whether separate maintenance makes sense for you.
Contact our Atlanta separation lawyers today to schedule a free consultation and take the first step toward protecting your rights and your family’s future.
