When You Don’t Want to Divorce, a Legal Separation May Meet Your Needs

Legal SeparationCouples who no longer wish to live as a married couple can file for divorce, annulment, or legal separation. Lawyer in Gwinnett County, David J. Ward explains that the last option may be right for you if you and your spouse do not want to divorce, but are separating and want to sort out issues that a divorce normally addresses. At The Ward Law Firm, we represent clients pursuing this option—we can help protect your rights and ensure the process is handled correctly.

Legal Separation Lawyer in Gwinnett County Explains the Reasons for Filing for Separation Maintenance and Not Divorce

Georgia allows for spousal and child support through separation maintenance orders if both spouses have voluntarily separated or if one spouse has abandoned or driven away the other.

Other reasons for pursuing a separation maintenance agreement are below.

  • Some religions object to, or even prohibit, divorce.
  • Couples may want to retain their existing insurance coverage (health, auto, life).
  • Couples who hope the marriage can be salvaged may attempt a trial separation.
  • Some economic concerns may be a problem, such as tax benefits, Social Security, or pensions.
  • If the couple plans to divorce, they may file for separation maintenance while they work out equitable details of child custody and support, alimony, and division of property because contested divorces can take years to resolve.

What Does Separation Maintenance Address?

To pursue separation maintenance, also known as separate maintenance, a couple presents a “contract” to the court either to rule on or suggest modifications before authorizing. It addresses issues addressed in divorce agreements, but does not actually grant a divorce. The couple remains married.

Below are some of the issues that it might cover.

Are We Eligible to File for Separation Maintenance?

In order to qualify for separation maintenance, the couple must be married but separated. If there is an action for divorce present, then they cannot file for separation maintenance.

These cases may be uncontested where the couple agrees on all terms, or may be contested where the couple disagrees on at least one issue. There may be some negotiation involved and other aspects also present in a traditional divorce case. For this reason, it is important to consult a separation maintenance lawyer in Gwinnett County to review your case, eligibility for separate maintenance, and to represent you through the process.

The Ward Law Firm helps clients with family law matters, including divorce and separation maintenance. Below are just a few reasons you may need a lawyer’s help.

  • Your spouse has a lawyer
  • You are unable to locate your spouse to serve papers
  • You are afraid of losing custody of your children
  • You are struggling to get the proper financial documents from your spouse

Call the Ward Law Firm at 770-383-1973 or fill out our online contact form to set up a free REAL Case Analysis.