Thursday, July 7, 2016

Can't I Just Separate from My Spouse?

Yes, married parties can separate at anytime, but divorce is only valid when it goes through the Court. “Because marriages are legal contracts, the law requires that they be dissolved by the court.” If you are considering a separation from your spouse, be sure to have open communication and discuss with a family law attorney about obtaining a written separation agreement.

Legal separations go through the Superior Court in Georgia the same way as a divorce. “Unlike divorce, a legal separation does not put an end to the marriage, it enables you to live separately but remain married.” A legal separation, “isn't very common, but there are situations where spouses don't want to divorce for religious, financial, or personal reasons, but do want the certainty of a court order that says they're separated and addresses all the same issues that would be decided in a divorce.” “Legal separation is useful when spouses wish to separate but not end the marriage.” “A couple's decision to permanently separate may not be considered a legal one unless one party files for legal separation instead of divorce.”

A legal separation is sometimes ideal for parties, “but long-term separation can create big problems. If a couple isn’t divorced, their lives are still legally and financially intertwined.” If two people want to end their marriage it must be legally ended by a Court Order. Much like author Jeff Landers, this attorney recommends that “if you are going to live apart from your husband beyond a reasonable trial period, you obtain a legal separation agreement.”

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