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 in Law
The advantages of a legal separation over divorce include the ability to stay married yet live apart and to have legal agreements regarding property, children and assets, according to WHAM. The marriage does not have to be terminated in order to have agreements that are recognized by law.Full Answer >
Most but not all states recognize legal separation, according to HG Legal Resources. The states that do not recognize it include South Carolina, Georgia, Delaware, Florida, New Jersey, Maryland, Texas, Pennsylvania and Mississippi.Full Answer >
To file for a legal separation in Missouri, either party must file for a petition in the county where he or she resides and have enough evidence to support the petition. Also, a person must be a resident or a member of the military stationed in the state at least for 90 days before the case. Parties usually enter a written separation agreement that highlights the provisions for disposition of property, support and parenting.Full Answer >
The benefits of a legal separation include financial and tax gains as a married couple and retention of health insurance policies, according to divorce expert Jeff Landers, a Forbes contributor. A legal separation may also benefit couples who still care for each other but struggle with living together.Full Answer >