When one or both parties involved in a marriage realize they’d be happier living apart, they typically file for a separation or a divorce. While it’s best to contact a divorce lawyer to learn which strategy makes the most sense given the circumstances, here’s a brief overview of the differences between the two options in Georgia.

What Is a Separation?

Technically, Georgia courts do not grant legal separations. Instead, they offer what is called "separation maintenance." In order to be granted separation maintenance, you must be able to prove that you and your spouse are living in separate residences and are not sharing any expenses. In addition, both parties must want the separation and agree that it’s the best option at that time. You also cannot have a pending divorce filing — if you do, your separation maintenance petition will be dismissed. While you’re not required to have a divorce lawyer to request separation maintenance, it’s in the best interest of both parties to retain one.

What Is a Divorce?

When a couple files for divorce, they are requesting to legally end their marriage. In Georgia, one spouse files the divorce petition, and if the divorce is no-fault — i.e., each party agrees there is no chance for reconciliation and no accusations of misconduct are being made — there is no waiting period. This means that, as long as one party has been a Georgia resident for at least six months, there are no requirements for couples to live in separate households prior to the filing.

What Are the Differences Between the Two?

Under separation maintenance, marital issues such as property division, alimony, child support, and child custody are decided and enforced; however, the couple remains legally married. Common reasons to opt for separation maintenance instead of divorce include religious beliefs, financial arrangements, healthcare access, or uncertainty about ending a marriage for good.

During a divorce, in addition to deciding on marital issues like child custody and asset division, a complete dissolution of the marriage is granted. This means that, once the process is complete, the marriage ceases to exist. Typically, couples who choose divorce over separation maintenance know there’s no chance of reconciliation and feel they have no reason to remain legally bound to their former partner. As with separation maintenance, you are not required to have a divorce lawyer to file in Georgia; however, it is strongly recommended, especially if your divorce is being contested.

If you need to file for divorce or separation maintenance, contact the Law Offices of Terrence J. Paulk, PC in Ben Hill County, GA. For over 30 years, this seasoned divorce lawyer and his team have been helping clients successfully navigate family law issues. They’re also experts in other practice areas, including personal injury and workers’ compensation. Visit the firm’s website to learn more, and call (229) 423-8783 to schedule a free consultation.