Q:

What is considered legal separation in Georgia?

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Quick Answer

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."

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What is considered legal separation in Georgia?
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Full Answer

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.

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Related Questions

  • Q:

    What are the advantages of a legal separation?

    A:

    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.

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  • Q:

    Is legal separation recognized in all states?

    A:

    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.

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  • Q:

    Are there laws for legal separation in Texas?

    A:

    There are no laws for legal separation in Texas as of 2014. For a married couple who has not yet decided to file for divorce, informal separations are often arranged.

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  • Q:

    How much does a legal separation cost in California?

    A:

    At minimum and without a fee waiver, a legal separation in California costs a filing fee of $435 as of March 2015, notes Brown & Charbonneau, LLP. The fee is the same in all 58 counties, except Riverside, San Bernardino and San Francisco counties, according to California Courts.

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