Can You Get Remarried If You Are Legally Separated?
Understanding the difference between acquiring a divorce and legal separation can help you make the decision that is best for you. While Georgia courts may grant alimony, child support, or custody/visitation rights to both divorced and legally separated spouses, legally separated spouses are still married. This means that, unlike divorced persons, legally separated spouses do not have the option to remarry.
In this blog, our Suwanee divorce lawyers discuss the parameters for filing for legal separation in Georgia and why it is crucial to hire a family law attorney during the process.
Does Georgia Recognize Legal Separation?
While Georgia does not have a specific statute pertaining to separation, the courts do allow spouses to file for legal separation (known in Georgia as separate maintenance). Couples can get a legal separation if they have a valid marriage and are in a ‘bona fide’ state of separation (no longer engaging in marital relations).
The process of filing for separate maintenance differs slightly from getting a divorce, with the defendant needing to be personally served. Unlike filing for divorce, you and your spouse are not required to be residents of the state for six months before filing for legal separation.
Uncontested versus Contested Suit for Legal Separation
Similar to divorce, a couple can file either an uncontested or contested suit for separate maintenance. In an uncontested suit, a couple has come to an agreement on issues regarding child custody, visitation rights, child support, alimony/spousal support, property division, etc. A judge merely reviews the decisions that you and your spouse have made together.
In contrast, in a contested suit, a couple is unable to come to an agreement on one or more marital issues. In a contested suit, a judge will handle disagreements between the couple. Evidence will be presented at trial, and based on the available information, a judge will decide what arrangements are made.
Benefits of Legal Separation
Whereas legal separation does not end a marriage, it allows couples to live separately without having the responsibilities of marriage. To ensure this is the case when filing for legal separation, you could state this arrangement. For instance, you could state in your separate maintenance agreement that you will not be financially obligated to repay any debt your spouse accrues during your separation. For court approval, both persons must agree to the terms of a separate maintenance agreement.
Hiring a Divorce Attorney to Handle Your Legal Separation
While many people choose legal separation over divorce for personal or religious reasons, it is hard to know if it is the right choice for you. If you believe that your marriage is no longer serving you, but you are not ready to terminate your union, legal separation may be a good option.
Legal separation allows couples to get their finances in order before moving forward with divorce. Oftentimes, couples choose to get a legal separation so that they can still share healthcare benefits or for financial reasons.
Family issues are often highly emotional, preventing couples from making sound decisions. At Banks, Stubbs & McFarland, our Suwanee divorce lawyers will help you draft an agreement that lays out the rights and duties of both you and your spouse upon legally separating. If your spouse has a problem with the arrangement, the dispute will be handled between attorneys who understand the complexities of the legal system.
A Suwanee Divorce Lawyer Protecting Your Rights
If you or your spouse are considering legal separation or divorce, our experienced Suwanee divorce lawyers are available to answer any questions you may have. To learn more or to schedule your initial consultation, contact us online or by phone.