Attorney Malone W. Allen

Atlanta Separate Maintenance Counsel

Understanding Separate Maintenance in Georgia: A Viable Alternative to Divorce

Separate maintenance, often considered a legal alternative to divorce, is a unique aspect of family law in Georgia. At Resurgens Legal Counsel, we offer expert guidance for those considering this path. Separate maintenance allows couples to live apart and settle issues such as alimony, child custody, and support, without formally ending the marriage. This option can be particularly suitable for couples who are unsure about divorce, have religious or moral objections to divorce, or have other personal reasons for remaining legally married. Our team provides comprehensive legal support, ensuring that your rights and interests are protected while navigating the nuances of separate maintenance agreements.

Tailored Approach to Separate Maintenance Agreements

Crafting a separate maintenance agreement requires a careful, personalized approach that takes into account the unique dynamics of your relationship and family situation. At Resurgens Legal Counsel, we work closely with you to understand your specific needs and goals. Whether it's addressing financial support, division of assets, or arrangements for children, we ensure that your agreement is thorough and fair. Our goal is to create a framework that provides clarity and stability for both parties, allowing you to move forward with confidence and security during this period of separation.

Expert Negotiation and Legal Representation

Navigating the process of separate maintenance can be complex, and having skilled legal representation is crucial. Our team at Resurgens Legal Counsel brings a wealth of experience in family law to the table, offering expert negotiation skills and compassionate legal advice. We are committed to finding amicable solutions that minimize conflict, but we are also prepared to represent you vigorously in court if necessary. Our focus is on achieving outcomes that honor your needs and protect your interests, ensuring that the separate maintenance agreement serves as a solid foundation for your future.

In choosing Resurgens Legal Counsel, you're not just selecting a law firm; you're partnering with a firm that values your well-being and future. For more information, please contact us at (770) 765-7550 or schedule a consultation today. Let us help you turn this challenging chapter into a foundation for a new beginning.

Principal Attorney

“[Malone’s] detailed and professional approach put me at ease when complex legal matters were being discussed and settled. His eye to protect my interests while also advising me on a course to follow that minimized overall costs was excellent!”
-Former Client

Family Law
Practice Areas

Divorce
Alimony
Division of Assets
Child Custody
Child Support
Modifications
Contempt of Court
Separate Maintenance
Legitimation and Paternity
Prenuptial Agreements
Postnuptial Agreements
Family Violence Orders
Stalking Protective Orders
Equitable Caregiver Claims
Grandparents’ Rights
Family Law Appeals

  • Separate maintenance in Georgia is a legal action where a married couple can formalize their separation without proceeding to a divorce. It allows for the arrangement of alimony, child support, and custody, and division of assets, while the couple remains legally married.

  • The key difference is that separate maintenance does not legally end the marriage, whereas a divorce does. Separate maintenance arrangements address the same issues as a divorce, such as support and custody, but the couple remains married and cannot remarry others.

  • Separate maintenance may be suitable for couples who are unsure about divorce, have religious or moral objections to divorce, or have practical reasons for staying married, such as retaining insurance benefits.

  • Yes, similar to divorce decrees, separate maintenance orders in Georgia can be modified. This typically requires showing a substantial change in circumstances, such as changes in income, employment, or the needs of children.

  • To file for separate maintenance, you must submit a petition in the county where your spouse lives. The petition should detail the desired arrangements for support, custody, and asset division.

  • Georgia does not require a legal separation period before filing for separate maintenance. However, the couple must be living separately when the petition is filed.

  • Yes, a separate maintenance agreement in Georgia can include provisions for the division of property and debts, similar to those in a divorce settlement.

  • No, filing for separate maintenance does not automatically lead to divorce. Couples can remain legally separated under a separate maintenance order or choose to reconcile or eventually file for divorce.

  • Yes, separate maintenance agreements and/or orders are legally binding and enforceable in Georgia. Failure to comply with the terms can lead to legal consequences similar to those in divorce cases.

Georgia
Separate Maintenance
FAQs

Have a questions about an issue that isn’t listed here? Don’t hesitate to reach out to us to discuss the specifics of your case to see how we can help.

Contact us.

If you're navigating the complexities of a separate maintenance action and seeking knowledgeable guidance, Resurgens Legal Counsel is here to help. Please fill out the contact form below, and Malone W. Allen or a member of our experienced team will get in touch with you promptly to discuss your situation and how we can assist you through this challenging time.