Legal Separation Provides A Way To Live Apart Before Divorce

Sometimes, couples need to be legally separated for a while before they divorce. A legal separation gives couples a formalized way to live separate lives, while working out the financial and emotional details that will enable them to divorce.

A lawyer's role in a legal separation is to ensure that you can fairly divide your assets and work out child custody issues. At Hecht Family Law, we can carefully assess your unique situation and provide clear guidance on what action should be taken.

How Does Legal Separation Differ From Divorce?

Under Georgia law, a legal separation is considered a "limited divorce." The court may order a decree of legal separation that does not dissolve the marriage, but provides for the granting of spousal and child support and other property division decrees.

In some instances, couples may view this as a trial divorce while keeping the option of reconciliation on the table. Alternatively, they may have no desire at all to reconcile, but financial considerations may necessitate remaining married for a predetermined (or undetermined) time. Any of these scenarios may lead them to a legal separation.

As an example, a wife might pursue a legal separation instead of a divorce because her unemployed husband with diabetes needs health insurance and is covered under her policy.

The parties are considered still married while legally separated and therefore cannot marry a third party during this time.

Get A Free Phone Consultation With A Lawyer

If you are considering asking your spouse for a legal separation or your spouse has already asked for one, call our Alpharetta office at 678-926-9234 for a free phone consultation or email us your questions. You need a highly skilled attorney who understands all the legal and financial issues, as well as their ramifications for you and your children.