Legal Question in Family Law in Georgia

Re: how to file a legal seperation

There is no such thing as legal separation in Georgia. All states except Delaware, Florida, Georgia, Idaho, Mississippi, Pennsylvania,

and Texas have legal separation.

Georgia does allow for what's called a separate maintenance case, which is an action for alimony or child support while separated and some Georgia lawyers, when asked about legal separation, incorrectly talk about this. For most people this is a step that doubles their legal fees as the same steps get done twice when the parties later divorce. A separate maintenance action, after huge expense if contested, can be terminated at wil by either party (simply by one filing a divorce).

If uncontested, it may be an option for parties that need to lock in issues but aren't ready for divorce. If contested, it's a great way to double your legal fees, as it will push the other party to seek divorce in many cases.

Re: how to file a legal seperation

You are referring to an action for separate maintenace. It is exactly like a divorce except that you are not asking for a divorce. (Typically, folks go this route for religious reasons.) You will need to file a petition and follow proper legal procedures. You should consult with a local attorney because you will have to live with the results, which could be devasting if not handled properly.