Atlanta Separate Maintenance Lawyer
Experienced Separate Maintenance Lawyers Serving Atlanta, Georgia
Under Georgia law, an individual is allowed to file an action for separate maintenance that protects their legal rights to custody, visitation, financial support, and possession of marital property, without requiring a formal divorce. Additionally, spouses may retain certain benefits, including health care coverage, joint property rights, medical decision-making authority, and shared responsibility for marital debts. The Atlanta separate maintenance lawyer at Naggiar & Sarif can help you discover the benefits of separate maintenance and help protect your rights.
In Georgia, you may file for separate maintenance if you have a valid marriage and you are living in a bona fide state of separation. Unlike some states, in Georgia, a husband and wife may live at the same address and still be legally separated. In this situation, however, the husband and wife cannot share the same bed and their lives should be separate financially and socially. In addition to these requirements, the couple cannot have a pending action for divorce in place if one of the parties intends to file for separate maintenance.
How to Get Separate Maintenance in Georgia
Before filing for separate maintenance in Atlanta, both parties must agree to pursue this course of action. Filing for separate maintenance can be just as difficult as filing for a divorce. Spouses will be asked to pay fees, file paperwork, and possibly attend multiple court dates.
Filing for separate maintenance does not mean that the marriage ends. Frequently, an action for separate maintenance would be for couples that do not want, or cannot for whatever reason get, a divorce but want to live apart. Common reasons to file for separate maintenance may include:
- The parties do not yet meet the residency requirements to file for divorce in Georgia
- Religious beliefs prohibit divorce
- Social and cultural reasons
- To maintain health insurance for a dependent spouse
- There may be a possibility of reconciliation
It’s essential to recognize that choosing separate maintenance doesn’t preclude either party from pursuing divorce later on. If remarriage or unresolved marital issues prompt consideration, divorce may be more appropriate. Consulting a qualified Atlanta separate maintenance lawyer can provide invaluable guidance tailored to your circumstances.
Contact Our Atlanta Separate Maintenance Lawyer Today
If you think that filing for separate maintenance would be in your best interests, our Atlanta separate maintenance attorneys can help you understand the process and help put you in the best position in the event the matter should become part of a future divorce action. Call our office today at (404) 816-2004 or submit a request for a case evaluation.