I know, legal separations are technically not a type of divorce in Georgia.
But you have to be legally separated in Georgia to get a divorce.
So, I wanted to cover it a little more for you.
In a legal separation, the couple can establish boundaries and responsibilities, such as:
- custody of the children
- child support
- division of assets and debts
For legal separations in Georgia, you do not need a formal agreement.
When either spouse moves out or moves into another bedroom with the intent to divorce, it’s a legal separation.
The key part here is “with the intent to divorce.”
If you are not intending to divorce, you will need to file a separation agreement in Georgia.
Legal separation is a different status compared to being divorced in Georgia.
So, you’re probably wondering, “Why would I get a legal separation instead of a divorce?”
With legal separations in Georgia, you can:
- keep everyone on the health insurance
- keep the family ‘together’ for the children
- avoid divorce for religious purposes
- avoid the costs of divorce
- remain married if you’re unsure a divorce is a right solution
If you are legally separating without the intent to divorce, fill out a separation agreement.
The separation agreement in Georgia will have an expiration date.
After it expires, you are no longer legally separated.
If you do not include an expiration date, then the separation agreement is valid until:
- you get a divorce in Georgia
- the separation agreement gets modified
- you get an order to dismiss the separation agreement
Related: Does It Matter Who Files for Divorce First?