Benefits Of Legal Separation In Georgia

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Benefits Of Legal Separation In Georgia - Why Would You Get A Legal Separation Instead Of A Divorce - How Does Legal Separation Work

What are the benefits of legal separation in Georgia?

In this article, you’ll learn more about:

  • what is legal separation
  • the benefits of legally separating
  • how much legal separation costs
  • how to get a legal separation
  • why you’d get separated vs divorced

Let’s dig in.

Separation can be devastating. It’s heartbreaking when parents lose custody of their children. Spouses end up having to pay agonizing amounts of financial support.

If you want to protect your rights, not wrongfully lose custody, and not get raked over the coals financially, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.

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Legal Separation In Georgia

You have to get separated to file for divorce in Georgia

But you can also get legal separation to avoid filing for divorce.

Let’s talk about what legal separation means. 

And then we will get into the benefits of legal separation in Georgia.  

What Does Legal Separation Mean?

A legal separation in Georgia is when a married couple lives apart. 

This is a court-ordered arrangement where the couple leads separate lives. 

With a legal separation, the couple is still married to each other. 

Related: Divorce Laws in Georgia

How Does Legal Separation Work?

A legal separation will allow you to live a separate life from your spouse. 

But it will not legally end the marriage like a divorce in Georgia does. 

A legal separation will establish financial boundaries and responsibilities.

A legal separation will resolve issues similar to a divorce, like:

Let’s talk about the benefits of legal separation in Georgia. 

Related: Divorce Process In Georgia

Benefits Of Legal Separation In Georgia

The main benefits of legal separation in Georgia are:

  • being able to save the relationship during the trial separation
  • maintaining health insurance during separation
  • tax savings from filing jointly
  • helping secure loans and mortgages
  • social security benefits
  • maintaining military benefits
  • upholding cultural or religious beliefs

Some religions prohibit couples from getting a divorce

A benefit of legal separation is that it grants most of the benefits of a divorce. 

But it does not compromise the religious tenets that you’re upholding. 

Some people want to separate, but don’t want to get divorced. 

This could be because they would like to reconcile the marriage later on. 

And people with children sometimes like the benefits of legal separation in Georgia. 

Because you can maintain health insurance as a family. 

This makes the cost of health insurance cheaper with family discounts. 

While older couples choose legal separation to maintain health and retirement benefits. 

Another big benefit of legal separation is getting to file taxes jointly. 

This lowers the amount of taxes you’ll have to pay. 

Depending on your goals, there are many benefits of legal separation in Georgia. 

You just have to choose which is the best route for your family. 

Related: Wife Moves Out Before Divorce

Does Legal Separation Protect Me Financially?

Yes, a legal separation can protect you financially. 

The day that the court order gets issued, you are protected from the debts of your spouse.

You are no longer liable for new debts that your spouse takes on.  

Your spouse cannot cancel, modify, or stop paying insurance premiums. 

So, legal separation financially protects your health insurance.

And your spouse cannot transfer, sell, or conceal property that you have an interest in. 

Without your written approval for them to do so.

Related: How Long Does A Divorce Take In Georgia

Can I Get Benefits If I Am Separated From My Husband?

Yes, you can still get benefits if you are separated from your husband. 

The benefits that you can still get during a legal separation include:

How Much Is A Legal Separation?

How much is a legal separation depends on how contested the issues are. 

Let’s say that you agree on most issues. 

You’ll spend less time in courts and having your separation lawyers negotiate. 

This means the cost of legal separation is comparable to an uncontested divorce in Georgia

Making the cost of your legal separation around $7,500.

But what if you and your spouse disagree on issues like:

  • child support
  • child custody
  • division of assets and debts
  • alimony

In this case, your legal separation is comparable to the contested cost of divorce in Georgia.  

Which is roughly $17,000 on average. 

And $21,000 on average if you have a custody battle

Related: Fathers Rights In Georgia

Financial Benefits Of Legal Separation

There are financial benefits of legal separation. 

Those financial benefits include:

  • participating in the family health insurance plan
  • getting spousal retirement benefits
  • filing taxes jointly to lower your taxes
  • qualifying for loans on property

Legal separation allows couples to retain the benefits of being married. 

While living separate lives as if they were divorced. 

Related: I Want To Leave My Husband

Why Would You Get A Legal Separation Instead Of A Divorce?

There are several reasons why you would get a legal separation instead of a divorce. 

This is where you need to understand the benefits of legal separation in Georgia.

People choose legal separation instead of divorce for reasons like:

  • being able to save the relationship during the trial separation
  • maintaining health insurance during separation
  • tax savings from filing jointly
  • helping secure loans and mortgages
  • social security benefits
  • maintaining military benefits
  • upholding cultural or religious beliefs

Related: Is Georgia A Community Property State?

How To Become Legally Separated

How do you become legally separated in Georgia? 

The steps for how to become legally separated are:

  • confirm Georgia’s residency requirements
  •  file your petition for separation
  • file your separation agreement
  • serve your spouse with the separation agreement
  • resolve issues like child support and custody
  • sign and notarize your legal separation 
  • receive your separation orders

Your legal separation lawyer will be able to handle all of this for you. 

And they can guide you through the separation process. 

That way you maintain all of the benefits of legal separation in Georgia. 

Related: What Are The Chances Of A Father Getting Full Custody

How To Legally Separate From Spouse

You may need to legally separate from your spouse before a divorce or for legal separation. 

There are guidelines that you need to follow to legally separate from a spouse. 

To separate from your spouse, you need to:

  • establish and maintain the intent to separate
  • use separate bedrooms
  • don’t have sexual relations
  • make your spouse responsible for maintaining their space
  • establish separate finances if possible
  • establish who gets what groceries
  • establish who does the cooking, cleaning, yard work, maintenance, etc.
  • figure out each spouse’s schedule with the children (if any)

How To Get Legally Separated In Georgia

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This means you don’t get raked over the coals financially.

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