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."Know More
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.Learn more about Law
Alimony payments are calculated by determining the expected monthly income and reasonable expenses for each spouse and the alimony payment amount that allows both spouses to maintain the lifestyle established during the marriage. When maintaining the marital lifestyle is impossible, judges divide the lifestyle reduction evenly, according to Divorce Net.Full Answer >
A legal separation template is a form that sets out the rights and responsibilities between two spouses when they decide to stay married but live apart, explains FindLaw. It generally covers issues such as division of assets and liabilities, spousal and child support, custody and visitation.Full Answer >
A marriage separation occurs when a couple decides to live separately but remain legally married, according to About.com. Couples can enter into a separation by agreeing to terms together or obtaining a legal separation court order.Full Answer >
The drawbacks to a legal separation versus a divorce include complex paperwork and court filings, emotional stress and an unnecessary, extra step if the couple plans to dissolve the marriage eventually, according to JacksonWhite Family Law Office. A legal separation may also create additional expenses for the couple.Full Answer >