Tuesday, September 17, 2013

Friday, September 13, 2013

Do I Need a Legal Separation?

No. The difference between legal separation and divorce often comes up in family law, and the difference is quite simple. In a legal separation the parties are still married.  "A divorce ends your marriage. After you get divorced, you will be single, and you can marry again.”  www.georgiacourts.org

The Georgia Courts do allow for a type of action similar to legal separation called separate maintenance. "A party who wishes to live apart permanently, but who does not want to get a divorce, may file a separate maintenance action. The spouses will remain legally married although living apart." www.gabar.org

You do not need a separate maintenance action to move forward with a divorce in Georgia. Some people chose a separate maintenance action due to religious, emotional, or financial reasons. 

The legal process for a separate maintenance and an uncontested divorce in Georgia is very similar, so unless both people feel strongly about the separate maintenance most opt for a divorce.

If you have additional questions about separate maintenance actions versus divorce or if you are ready to set-up your free initial consultation contact The Law Office of Christine M Bechtold, LLC @ 770.466.2700 www.Bechtold-Law.com Christine@Bechtold-Law.com.