Moving From Legal Separation in Georgia to Filing a Divorce

legal separation in GA

In states, such as Arizona, South Carolina, and many others, married partners can legally separate from one another. Unfortunately, in GA just like in five more states, courts don’t recognize legal separation. However, if two spouses are willing to get separated, but are not sure yet that they want to dissolve their marriage, they have another option.

Georgia Separation Laws

No one will tell you how to file for legal separation in GA simply because there is no actual statute for it in the area. In the Peach State, they allow married couples to obtain separate maintenance and still remain a husband and wife on paper. Separate maintenance in Georgia is a good option for those wishing the court to decide on their issues, including visitation, asset division, alimony, and so forth while maintaining their marital relations.

Pursuing separate maintenance over a divorce is a personal choice that every family should make for themselves. Many married people want to become independent from their spouses but are not actually ready to become singles, and there may be several reasons for that. While some don’t want to end their relationships for particular religious reasons, others are simply afraid of the social stigma associated with divorce.

Separation Period Before Divorce

Only “separated” spouses can file for divorce in the state. But this doesn’t mean that spouses must move out of their matrimonial house or that they need to pursue separate maintenance first. In fact, a husband and wife are supposed to stop their marital relations with intent to get divorced any time soon. Spouses can be considered separated even if they continue living under the same roof. Moreover, they are not required to draft any agreement; however, they are not forbidden either.

How long does it take to get a legal separation? – Truth be told, partners can get separated immediately. For this, they need to choose an agreed date of their separation and ensure that they don’t engage in any marital activities from that moment. It can be the first of a month, or the day when someone moves to another bedroom, or it can be any day after a big fight – what matters most is that this date can be easily verified by both parties.

How long do you have to be separated to get a divorce? – The fact is that there are no specific time frames; however, at least one month is recommended. So, you and your partner are legally separated if one of you moves out of your dwelling or bedroom with the intention to untie the knot.

Filing for Divorce in GA

A divorce process in GA is very similar to that in other states. However, to file, a petitioning party must claim that he or she is separated from their partner and that they are no longer maintaining marital relation.

Only spouses, who have been residents of the state for at least six months, can initiate a divorce process. The latter is all about accomplishing two things: ending marital relationships and dividing marital property. In case of a long-term marriage, the issue of spousal maintenance should be also addressed. If spouses have minor kids, they will also have to settle child-related matters.

How long does a divorce take in GA? – On average, it usually takes up to 3 years to finish a contested case and up to 45 days to finalize an uncontested one. The latter is more popular mainly because it allows both parties to cut legal costs essentially. Those involved in an uncontested case can land our website and get their Georgia divorce forms at a relatively low price. While we don’t give any legal advice, we do provide court-approved papers complemented with detailed instructions on how to submit them to make every case much cheaper and less stressful for all.