Legal Question in Family Law in Georgia

Georgia does not have legal separations. Instead, it has a suit for separate maintenance, which can resolve several issues, including alimony, support, and property division, among others.

With that said, there may be several advantages and disadvantages for each. Of course, the biggest advantage for getting a divorce is the parties can move on with their lives. Some don't believe in divorce, but hate their spouses. So, a suit for separate maintenance is a good alternative. Also, if one spouse has great health insurance, a separate maintenance agreement that keeps him or her covered for the duration of the marriage would not be there if the couple divorced.

These are just examples of the benefits and disadvantages of each.

If you want more information, you can find it at several of the clerks' offices in the Superior Courts of the various counties. Some instruction packets are online.

Georgia doesn't have legal separation.

Most people in Georgia who wish to address their marital issues file divorce. Georgia does allow something called separate maintenance, which can address economic issues and child issues without a divorce. Usually that is a bad idea, as it tends to lead to divorce and thus double legal fees, but there are times, often for insurance or religious reasons, why it can be useful.