Separation in Decatur
Legal separation agreements
A couple in Georgia who do not wish to obtain a full or absolute divorce can informally separate on their own by agreeing with each other on the terms of their separation. However, when couples cannot agree to terms, legal intervention becomes necessary. Attorney E. Noreen Banks-Ware has extensive experience helping couples create a separation agreement to establish a legal separation.
Legal separation/limited divorce
Based on financial or religious reasons, a couple may choose not to divorce. A limited divorce, also called a legal separation, offers similar terms as a full divorce, such as child custody, child support, spousal maintenance (alimony), and property division. A major difference is that neither spouse can remarry because in the eyes of the law, they are still married to each other. While a legally separated couple may not have sexual relations with each other, neither may they have sexual relations with another person because the court would view it as adultery. Tax considerations are frequently a driving factor for couples who choose legal separation. The
Internal Revenue Service recognizes head-of-the-household statutes on income tax returns when legally separated, whereas this is not the case when permanently divorced.
Requirements and grounds for legal separation in Decatur
Requirements
- The same residency requirements exist as for full divorce, which is a six-month residency in Georgia.
- The court may require mediation to see if the couple can reconcile their marriage.
Grounds
Unlike a no-fault divorce, grounds of fault must be established for a limited divorce or legal separation. Grounds may include:
- Cruelty or excessively vicious conduct to spouse or minor child
- Desertion
- Voluntary separation beyond reasonable expectation of reconciliation
The determination of fault also influences how the court rules on child custody, support, and property division. Should the couple decide at a later time that they want a permanent divorce, the fault ruling may also affect the terms of absolute divorce.
To obtain a legal separation, you file a separate maintenance action. Georgia courts may stipulate a limited time period for the separation or may revoke the legal separation if both parties apply for a limited divorce discharge.
Get legal help from Decatur legal separation lawyer E. Noreen Banks-Ware Discuss the option of separation with a
Decatur divorce lawyer today. Call 404-381-1227 or
contact us online to arrange a confidential, no obligation consultation.