In Georgia, the term “legal separation” is not a formal legal status. Instead, the state offers a similar legal action called “separate maintenance.” This process allows a married couple to live apart and resolve important issues without ending their marriage. It is a useful option for couples who do not want to divorce due to personal beliefs or who need time to decide their next steps.
Beginning the separate maintenance process
To begin a separate maintenance action, one spouse must file a petition with the Superior Court in the county where the other spouse lives. The person filing must show that the couple is in a state of bona fide separation. This simply means that they no longer live together as a married couple, and no divorce action is pending between the parties. Once the petition is filed, the other spouse receives formal notice of the action.
Reaching an agreement
As the separate maintenance action moves forward, spouses can work to reach a formal agreement on common family law matters such as child custody, child support, alimony, and the division of shared property and debts.
When the spouses agree on all the terms, they can present the agreement to the court for approval. If they cannot agree, a judge makes the final decision for them. The court then issues a legally binding order outlining the terms.
A path forward
Pursuing separate maintenance gives couples a structured way to live apart and establish boundaries while remaining legally married. It creates a legal framework for important decisions and provides security during a difficult time.