Rating 4, 9 (8) · In Georgia, there is no official “legal separation” state. Therefore, legal separation is not a prerequisite for divorce. Georgia does not require spouses to physically separate before filing for divorce. Under Georgia law, the only requirement for filing for divorce is that both parties must suspend “marital relations” with the intention of divorcing. Therefore, a specific time period of separation in Georgia is not required to get a divorce.
Filing a separate maintenance agreement can mitigate the chances of more conflicts arising in your new situation. In terms of child custody and support, arrangements during separation can set a precedent for the final custody decision. The grounds for obtaining a limited divorce in Georgia are cruelty or excessively cruel conduct toward the plaintiff or minor; desertion; and voluntary separation beyond any reasonable expectation of reconciliation. To prove the reasons for a limited divorce, you must go through the same proof processes as in a case of absolute divorce.
If you can only prove the disposition but not the opportunity, the courts may not allow your divorce because the court may reason that this is mere speculation. In contested cases, a divorce will only be granted after a trial in which the parties are unable to resolve the matter between them. However, in some cases, you will be able to avoid a hearing and the judge will grant you a divorce based on the allegations, but only if you have signed a marriage settlement agreement and your spouse has signed an acknowledgment of service and consent form to the jurisdiction. However, if you claim that your spouse committed adultery, you can initiate the absolute divorce action at any time.
It is often seen as an intermediate step for couples who may not be ready to divorce but who want to live separately and resolve issues such as child custody, property division and financial support. Legal separation, while not formally recognized in Georgia, refers to the condition in which spouses live separately but remain legally married.
Georgia divorce
attorneys provide answers to frequently asked questions about Georgia divorce laws and divorce in Georgia. Upon notification to the other party three days in advance, the judge can hear the same order and issue the order he makes if it is based on a pending divorce petition, which will be executed in the same manner, together with any other applicable remedy in equity, such as the appointment of a judicial administrator and the like. In uncontested cases, that is, a case that has been resolved between the parties without the need for court intervention, a divorce is granted after all necessary documentation has been submitted to the court.Filing for divorce in Georgia begins with filing a lawsuit for divorce against the opposing party with the Clerk of the Superior Court of the county where you reside...
