Legal Question in Family Law in Georgia

do I need to file for legal separation in georgia before I leave my spouse or is it considered abandonment if I leave without one?


Asked on 11/12/12, 6:50 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no such thing as legal separation in Georgia so you can't file for it.

You do want to see a lawyer before you move because even the act of leaving may have strategic advantages and disadvantages. My office does handle such cases in your county, and yours is a county that makes life very difficult for pro se litigants. Feel free to call me for an appointment at 404-768-3509.

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Answered on 11/12/12, 6:57 pm
Paula McGill Attorney at Law

There is a such a thing called a separate maintenance, which puts the terms of the separation in writing before the court. It addresses all matters that you would in a divorce. However, you remain married. This may be important if you don't want a divorce, but need spousal support or child support from your spouse.

If you don't want to consider the move abandonment, you may want to get the terms in writing either through a separate maintenance proceeding or through an informal written agreement regarding the terms of the separation with your spouse.

If you have children, it is essential you have child support and visitation in writing to avoid disputes on what is a volatile situation.

If you need further information about pre-divorce or divorce matters, please contact me at [email protected] or (770)367-1234.

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Answered on 11/13/12, 12:18 am


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