A legal separation in Georgia, as in many other states, is a legal condition in which spouses live apart but in which there is no formal or judicial end to their marriage. In Georgia, the technical language does not include reference to "legal separation." Instead, according to Stearns-Montgomery & Proctor, it is formally called a "separate maintenance action."Know More
With a legal separation in Georgia, the court recognizes that a couple is living apart from one another, but that, at least for the time being, they wish to remain married. As such, the individuals involved are not allowed to remarry as they would with the finalization of a divorce. According to the Administrative Office of the Courts of Georgia, upon request of a separation, the resulting court order "generally defines the rights and responsibilities of the spouses between each other while living apart."
Though legal separations and divorces are categorically different from one another, many of the same mechanisms apply to each in Georgia. For example, legal investigator Cathy Meyer at About.com states that one or both spouses can petition for privileges such as child support, spousal support or child custody. After reviewing the pertinent facts, the judge in Georgia is capable of instituting any or all of these conditions, similarly to if the couple engaged in divorce proceedings.Learn More
Couples in Iowa who wish to legally separate must file for legal separation, respecting the Iowa legal code in regard to this issue. According to Iowa Legal Aid, at least one member of the couple must reside in Iowa.Full Answer >
According to FindLaw and the Rosen Law Firm, a sample separation agreement between spouses is a template that can be used to guide the creation of a customized separation letter. Separation templates should not be exactly replicated because all separations have unique circumstances. Separation sample letters are great jumping off points for both sides to evaluate what they resolved before completing the legal measures to finalize a spousal separation.Full Answer >
Someone can file for divorce in North Carolina after meeting the residency requirements and the spouses have lived separately for a certain period, according to WomensLaw.org. Typically, court appearances are then held to resolve any complaints from the served spouse, and a judge declares a divorce final after a hearing.Full Answer >
Generally, if a joint petition for divorce has been filed then both spouses must sign the paperwork, according to LegalZoom. If one spouse refuses to sign, or is not available to sign, the party that filed the joint petition can opt to file a regular divorce petition, which does not need the signature of the other spouse.Full Answer >