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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33726
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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How do I go about getting a legal seperation started?

Customer Question

How do I go about getting a legal seperation started ?
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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If you are talking about a separation prior to a divorce, then you just have to notify your spouse that you will no longer be living together as husband and wife. In Georgia, "legal separation" means the spouses no longer engage in marital relations. The term has no time frame, and the two people can be legally separated even if they reside in the same house but do not share the same room or have sexual relations.

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In Georgia, however, there is no legal requirement that spouses live separately before they can get a no-fault divorce. One spouse can file a divorce petition and claim simply that the marriage is "irretrievably broken." Once 30 days have passed after the spouse serves the divorce papers on the other spouse, the court can grant a divorce.

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So if you wanted to start a legal separation, then you would want to either move out, or move to a different bedroom and begin living apart, keeping your expenses and income separated.

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But the GA courts don't recognize "legal separation" as a status like some states, although they can award "separate maintenance" to couples wishing not to proceed with divorce for religious reasons or if there is a legal benefit to being married (i.e., insurance). This order allows the court to preside over all marital issues, except that the couple remains legally married.

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thanks

Barrister