Does Georgia Have Legal Separation?

Is legal separation an option for me instead of divorce?

Technically, there is no such thing in Georgia as a legal separation. However, you can file for a separate maintenance action, defined as a judicial determination to separate spouses and provide support without a judicial termination of the marriage.

With a separate maintenance action:

  1. The court makes the same decisions about child support, child custody, and alimony as in a divorce.
  2. You and your spouse are legally separated but not divorced.
  3. You and your spouse are still technically married but not responsible for one another.

Why would you request a separate maintenance action?

  • Jurisdictional Limitations – For instance, if you have not been a resident of the state of Georgia for 6 months then you cannot file a divorce action but may still need court intervention to provide support.
  • Personal choice – You may not be ready for a divorce but need financial support or would like to retain benefits such as health benefits.
  • Religious reasons – Your religious beliefs may prevent you from requesting a divorce yet you are in need of financial support or a judicial determination of custody and visitation issues.

Filing for a separate maintenance action in Georgia is similar to the process of filing for a regular divorce. If you think a separate maintenance action may be right for you, schedule a consultation with me.