Since the 1960s, marriage rates for both men and women have declined, dropping from over 60% to around 50% in 2023 for both genders. It could be because of changing social norms. These statistics might explain why some couples are opting for legal separation instead of divorce, which offers a temporary break without completely dissolving the marriage.
But how do you decide between a divorce vs legal separation in Georgia? Since both options have significant legal and personal implications, weigh the pros and cons. Keep reading for valuable insights and discover which option best suits your situation.
Understanding Divorce and Legal Separation in Georgia
Divorce is the complete legal ending of a marriage. Once finalized, you and your spouse are no longer married and can remarry. Divorce settlements cover things like child custody and support.
If necessary, the settlements also cover asset division, debts, and alimony or spousal support. Georgia doesn’t recognize legal separation in their divorce-related laws. They offer an alternative called “separate maintenance.”
Couples under this option live apart but deal with child custody, support, and alimony. This arrangement is quite similar to a divorce. But, unlike a divorce, you remain legally married.
While after a divorce, you can remarry, a legal separation doesn’t allow you to remarry. As such, the legal separation process allows for reconciliation if you choose. It might be a good choice if:
- You’re unsure about ending the marriage permanently
- You need to resolve financial and child-related issues before filing for divorce
- Religious beliefs prevent divorce
- You want to maintain health insurance benefits tied to your spouse’s plan
Though this is a simplified overview, legal matters can be complex. Consider consulting a qualified family law attorney in Georgia for personalized guidance based on your situation. Inform them about your unique needs regarding these options.
Division of Assets and Debts
In a typical divorce, the court divides all marital property fairly. This includes assets and debts you got during the marriage. It considers each spouse’s contribution to the marriage and their current income.
For example, if one spouse inherited a house before the marriage, it might stay theirs. But, spouses would share a car they bought together during the marriage fairly. Georgia courts don’t automatically divide assets and debts in a legal separation.
Luckily, you and your partner can create a separation agreement. It will outline how to divide everything. But if you can’t agree, the court can divide things based on Georgia’s fair distribution laws.
Child Custody and Support
Unsolved child support or custody issues create a lot of stress. They bring instability for both children and parents. Without a clear agreement, the financial burdens can become unfair.
Children might feel caught in arguments about where they live and who they see. This uncertainty can hurt their emotions and make it hard for them to thrive.
A judge in a divorce court will decide on child custody. They will also set child support payments based on what’s best for your children. The court’s decision will depend on each parent’s living situation and income.
Courts also look at the parent’s involvement in the children’s lives. The goal is to create a plan for custody and support. It ensures your children have a stable, healthy environment.
If you have minor children and are considering legal separation, the court can set up child custody. It can also set up a child support arrangement. The court will consider living situations and income.
However, unlike a divorce, the court might review and adjust this arrangement. They would do so if you later decide to get a divorce. The adjustments would reflect changes in your circumstances during the separation.
Alimony or Spousal Support
In a divorce, the court can award alimony to the lower-earning spouse. The decision will reflect the length of your marriage and the significant income difference. For example, if one spouse stayed home to raise children while the other built a successful career, the court might award alimony to help the stay-at-home spouse adjust financially after the divorce.
In Georgia, alimony is considered separate maintenance when discussing legal separation. While the court doesn’t guarantee separate maintenance in a legal separation case, it doesn’t mean you’re out of options. You and your spouse can work together to create a separation agreement that outlines flexible spousal support arrangements if needed.
Considering Your Options: Factors to Help You Decide
Navigating a marital change can be overwhelming. Divorce and legal separation (separate maintenance) in Georgia offer different options. To decide the option that best suits your needs, you need to understand some key factors.
The first factor is your desire to remain married. Since a divorce in Georgia ends your marriage legally, it allows you to remarry. While you remain legally married but live separately in a legal separation, remarriage is impossible during this time.
Once finalized, the divorce terms (division of assets, child custody, etc.) are permanent. Legal separation is a good option if you’re unsure about divorce or need time to sort through complex issues. However, you might need to revisit the terms of your separation if you eventually decide to get a divorce.
Financial Considerations, Religious Beliefs, and Reconciliation Potential
Financial considerations are important when choosing between divorce vs legal separation costs because they can greatly impact your financial stability. Divorce is a good option if both of you wish to acquire assets and debts during the marriage. But if you agree to separate briefly, you can create a separation agreement outlining the division of financial assets.
Some religions have restrictions on divorce. So consider this if it plays a role in your decision. Legal separation might be a more suitable option for those who have religious objections to divorce but still desire a formal separation.
Get Clarity and Guidance on Divorce vs Legal Separation From Blake & Detchemendy Law Firm
Divorce and legal separation offer distinct solutions depending on your needs. With this information, you’re well-equipped to choose the right path. Remember, legal matters can be complex.
If you’re facing a difficult decision about divorce vs legal separation in Augusta, Grovetown, or Evans, GA, don’t go through it alone. Contact Blake & Detchemendy Law Firm today for a legal consultation with a skilled family law and personal injury attorney.
