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Legal Separation

Atlanta Divorce Lawyer

It is not necessary in the state of Georgia for a couple to legally separate before filing or obtaining a divorce.  While undergoing a divorce, however, or to "cool off" during a rough period in a relationship it is possible for a couple to agree to file a legal separation agreement that details their rights and responsibilities regarding financial arrangements and the care of any children.  Such an agreement is enforceable by the court to ensure such things as maintenance (alimony), child support and property division are properly complied with.  For more information on your rights regarding legal separation you should speak to an experienced Atlanta divorce attorney at Gordon & Gordon, LLC.

While a couple can decide to informally separate at any time the reason for filing a legal separation is to formalize the financial and other agreements that living apart may require.  Neither a formal or informal separation mean that the couple must divorce.  They may decide to end the separation or continue to live apart under the terms of their agreement indefinitely.  When children are involved, a separation agreement should include agreements concerning custody, visitation and child support payments.  We understand the emotions and conflicts that surround a decision to separate or divorce and our firm is committed to providing supportive and knowledgeable legal counsel to our clients who are faced with such decisions.

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The financial support paid by one spouse to the other during either a separation or during and after a divorce is called maintenance or alimony.  Financial support is not mandatory in either a divorce or separation but if one spouse has been dependent on the other for income and support while married, it is usual for that financial arrangement to continue when apart.  There are no strict guidelines in Georgia on determining alimony payments but if the parties cannot agree on an amount the court will consider a number of factors to establish whether it should be paid and what a fair amount is.  Any agreements made as part of a legal separation can be modified at a later date if circumstances charge.  For more information call our offices to schedule a free consultation.

Contact an Atlanta divorce lawyer for more information about filing for a legal separation.

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