Marietta Legal Separation Lawyer

Not every couple is ready for divorce. Georgia's 'separate maintenance' lets you address support and custody while staying legally married. We'll explain whether it fits your situation.

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In GeorgiaSeparate maintenance
StatusApart, still married
Can setSupport & custody
Remarry?No — still married

Georgia uses 'separate maintenance'

Georgia doesn't offer a formal 'legal separation' status — but a separate maintenance action does essentially the same job. It lets you live apart while remaining legally married, and it can resolve child custody, child support, alimony, and even property division.

A couple sitting apart while considering a legal separation in Georgia

How it differs from divorce

Separate maintenance does not end the marriage. You stay legally married — which can preserve things like health insurance or certain benefits — while still obtaining enforceable orders on support and custody.

What you need to file

You must be married, living separately (which means suspending the marital relationship, though not necessarily moving out), with no divorce action pending.

Who chooses it

Couples often choose separate maintenance for religious reasons, while hoping to reconcile, to preserve certain financial benefits, or when they don't yet meet Georgia's six-month residency requirement for divorce. We'll help you weigh it honestly against filing for divorce.

Questions & answers

Legal Separation: common questions

Does Georgia have legal separation?

Not formally — but a 'separate maintenance' action accomplishes much the same thing, addressing custody, support, and property while you remain legally married.

What can a separate maintenance action address in Georgia?

Child custody, child support, alimony, and property division — without dissolving the marriage.

Do I have to move out to be 'separated' in Georgia?

Not necessarily. You must be living separately in the sense of suspending the marital relationship, with no divorce action pending.

Talk to a Marietta family lawyer.

Tell us what's going on — we'll explain your options in plain language, no pressure.

Schedule a consultation