Separation Agreements in Lieu of Divorce
There are a number of scenarios in which a married couple are no longer living as husband and wife and yet do not wish to formally divorce. In such a situation, it may still be necessary or prudent to divide property and make arrangements for child custody and spousal support.
The Shaw Law Firm, LLC, can represent your interests in a suit for separate maintenance, a formal legal separation under Georgia statute. The parties can continue under the agreement indefinitely, or it can be phrased to transform into a divorce settlement at a later date.
We handle divorce and related matters of family law in the Metro Atlanta area. Contact us today to arrange a consultation with highly experienced divorce lawyer Scott W. Shaw.
Protecting Your Interests in a Legal Separation
Unlike some states, it is not necessary to live separately for any period before filing for divorce in Georgia. However, there are many reasons why you might want to establish a legal separation without getting divorced:
- You may be in a trial separation, with hopes of reconciling.
- It may not be financially feasible for you and your spouse to divorce at this time.
- You may have religious reasons to stay legally married.
- You may wish for an estranged spouse to stay under your health insurance.
- You can file for separation after just one day of residency in Georgia, but you cannot file for divorce unless one of you has lived in the state for six months.
Separation in Georgia is a legal distinction. In other states, you must physically live apart to be legally separated. In Georgia, you could still live under the same roof. The only requirement is that you are legally married but no longer living as man and wife, including not having sexual relations.
Scott Shaw has practiced exclusively in family law since 1995 and can help you protect your legal and financial interests. Legal separation can (and should) cover everything that is covered in a divorce:
- Defining marital versus separate property
- Dividing assets and debts in a fair manner
- Determining child custody
- Establishing child support and spousal support, if applicable
The agreement allows for reconciliation, if that is a goal of yours. However, Mr. Shaw will phrase the separation agreement to serve as the divorce agreement and property settlement if you later decide to officially end the marriage.
Contact an Experienced Atlanta Legal Separation Attorney
Legal separation can be a practical bridge between marriage and divorce, but there are pitfalls, such as conceding rights to joint property in hopes of getting back together. The Shaw Law Firm will protect your interests and the best interests of your children in the legal limbo of separation.
If you are interested in scheduling a confidential, in-person consultation to discuss your divorce case in more detail with Sandy Springs family law attorney Scott Shaw, please contact our Atlanta firm at (770) 594-8309.
