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.”
www.georgialegalaid.org.
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.”
divorcesupport.about.com.
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.”www.nolo.com.
“Legal
separation is useful when spouses wish to
separate but not end the marriage.” www.georgialegalaid.org. “A couple's decision to permanently
separate may not be considered a legal one unless one party files for
legal separation instead of divorce.”
www.nolo.com.
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.” www.nytimes.com.
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.”