Legal Separation Attorneys in Metro-Atlanta, Alpharetta & the Surrounding Counties

Sometimes, couples need to be legally separated for a while before they divorce. A legal separation gives couples a formalized way to live separate lives, while working out the financial and/or emotional details that will enable them to divorce.

At Hecht Family Law, a lawyer’s role in a legal separation is to ensure that you are able to fairly divide your assets and work out child custody issues. An Alpharetta, Metro-Atlanta and surrounding area legal separation attorney can carefully assess your unique situation and provide clear guidance on what action should be taken.

How Does Legal Separation Differ From Divorce?

Under Georgia law, a legal separation is considered a “limited divorce.” The court may order a decree of legal separation, which does not dissolve the marriage, but provides for the granting of spousal and child support and other property division decrees.

In some instances, couples may view this as a trial divorce while keeping the option of reconciliation on the table. Alternatively, they may have no desire at all to reconcile, but financial considerations may necessitate remaining married for a predetermined (or undetermined) time. Any of these scenarios may lead them to a legal separation.

As an example, a wife might pursue a legal separation instead of a divorce because her unemployed husband with diabetes needs health insurance and is covered under her policy.

The parties are considered still married while legally separated and therefore cannot marry a third party during this time.

Legal Separation Process

The legal separation process is a formal arrangement where married couples decide to live apart but remain legally married. It allows spouses to separate their finances, divide assets, and establish individual living arrangements without fully dissolving the marriage through divorce.

While the couple remains married legally, they can negotiate terms regarding property division, child custody, and spousal support. Legal separation can serve as a temporary solution for couples who are unsure about divorce or seek a trial period before making a final decision.

The process begins with filing a petition for legal separation in court, similar to a divorce filing. The petition outlines the reasons for the separation and includes requests for child custody, spousal support, and the division of assets and debts.

In some cases, couples may come to an agreement through mediation, but if they cannot agree on certain terms, the court will intervene and make decisions based on the best interests of any children involved and other factors related to the marriage.

One key benefit of legal separation is that it allows spouses to maintain certain legal benefits, such as health insurance or tax advantages, which may not be available if the marriage is dissolved. Additionally, legal separation provides an opportunity for reconciliation if both parties are willing to work through their differences.

However, it is important to note that the legal separation process may still involve emotional and financial challenges, as both parties must agree on important aspects of their lives and move forward with clear legal protections.

Contact Our Legal Separation Attorneys

If you are considering asking your spouse for a legal separation or your spouse has already asked for one, call us or email Hecht Family Law to schedule a consultation. You need a highly skilled attorney who understands all the issues, legal and financial, as well as their ramifications for you and your children.