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770-609-1247 | Georgia Legal Separations, Separate Maintenance Attorneys

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Coleman Legal Group, LLC

Call 770-609-1247 now to speak with one of our experienced Separation Attorneys.

 

In Georgia, a legal separation is more specifically an order for Separate Maintenance.  Specifically, in Georgia, an action for Separate Maintenance is filed with the Court – and not for a petition for a Legal Separation.

A Separate Maintenance action does not end a marriage; it is not the equivalent of a divorce.  For example, if you have filed for Separate Maintenance, you are still technically married and cannot marry someone else.

A Separate Maintenance action is for spouses that do not – or cannot get divorced – but want to live apart.  In a separate maintenance action, the Court will issues an order for support will define the rights and responsibilities of the spouses while living apart.  Like all Court orders, a separate maintenance order can be enforced by bringing a contempt action with the Court.

Either the husband or wife may file a separate maintenance action with the court and ask for alimony and / or child support.  A divorce action does not have to be pending and the parties technically can still be living at the same address.  The other party must be served with the separate maintenance action in accordance with Georgia law.  Once decided upon by the Court, a judge can grant a Separate Maintenance order – which can be enforced the same way as a divorce decree. See O.C.G.A. 19-6-10.

In Georgia, you may file for separate maintenance so long as you are in a valid legally recognized marriage and are living in a state of separation.  In Georgia, unlike some states, a husband and wife may choose to live at the same address and still be legally separated.  But the husband and wife cannot share the same bed and their lives should be separate financially and socially.  Also, to file for separate maintenance, there must not be a pending action for divorce.

Reasons to File for Separate Maintenance.  There can be several valid reasons to file for separate maintenance.  However, the most common reasons are:

  • To maintain health insurance for a dependent spouse
  • For religious reasons
  • For social and cultural reasons
  • There is a possibility of reconciliation
  • The parties do not yet meet the residency requirements to file a divorce in Georgia.

Difference Between a Georgia Divorce and Separate Maintenance / Legal Separation.  As listed above, a person may wish to file for separate maintenance over a divorce because in the case of a divorce there is no six (6) month residency requirement.  Also, unlike a divorce, the defendant must be personally served separate maintenance action – and cannot be served with publication.

In an uncontested suit for separate maintenance, the parties must be in total agreement regarding all material issues such as child support, alimony / spousal support, child custody / visitation, division of marital property / assets, allocation of marital debts and any other relevant issues.  In an uncontested separate maintenance action, there is no trial.  Rather, the Court is asked to approve a signed and notarized agreement between the parties laying out all the relevant terms for the separate maintenance.  It is important to note, a separate maintenance agreement can also be used as the agreed terms in a subsequent divorce action.  The family law attorneys at Coleman Legal Group, LLC can help make sure that your separate maintenance agreement is in your best interest now – and should it become part of a future divorce action.

In a contested action for separate maintenance there is no signed agreement for separate maintenance between the parties.  Rather, unless the parties can settle the matter before a trial is scheduled, a Judge will have to review evidence in the case and decide the terms of the separate maintenance decree.  This complicated can be very complicated and should not be attempted without the help of an experienced family law attorney.  A contested separate maintenance action may include discovery, such as (but not limited to): depositions, interrogatories, requests for production of documents, request for admission.  At Coleman Legal Group, LLC, our lawyers are well versed in discovering helpful evidence in a case – and using it to help our clients achieve the best result possible.

If you are thinking about a separation or just need effective family law or divorce advice,  call us at 770-609-1247. You will be able to speak directly with an attorney and schedule a consultation if needed.

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Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.

Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody
Sandy Springs

1200 Abernathy Road
Building 600
Northpark Town Center
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth

410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek
Duluth Georgia

11555 Medlock Bridge Rd
Suite 100
Johns Creek, GA 30097
Phone: 770-609-1247 | Map

Duluth Georgia
Sugarloaf

2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-609-1247 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

 

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