What is the difference between Divorce and Separation in Georgia?

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Many couples decide that their lives would have more value if they were no longer a couple. Once you choose to not stay with your spouse, you have to decide if a separation or a divorce is a better option for you.

There are many similarities between a divorce and separation. These include child support, alimony, custody, visitation, and property division. In both a separation and divorce, both spouses have to come to an agreement on how to provide support for both the spouse and the children.

Divorce in Georgia:

Under Georgia law, there are no requirements for spouses to live in separate households before a no-fault divorce can be granted. In Georgia, one spouse can file for a divorce and the divorce can be finalized in as little as 30 days after service upon the other party if both parties are in full agreement.

Separation in Georgia:

Married people in Georgia can separate by requesting a separate maintenance agreement order from the court. A separation can only occur if both spouses agree that a separation is best and that divorce is not an option at that time.

There are many different reasons some couples will choice to be legally separated instead of divorcing. Some reasons include:

  • Neither spouse desires to get remarried
  • Religious beliefs
  • The couple is not ready to end their marriage through divorce
  • Financial reasons
  • Healthcare

When considering a separation, remember that the court can still consider requests for child and spousal support just as it would during a divorce. Couples that are happy with their separation agreement can later opt for divorce and use their separation agreement as the template for their divorce.

For more information on separation, divorces, and other family law issues, contact Doug Dreyer with Dreyer Law Group for a free consultation to help you and your spouse decide what is best for you both.