Law Offices of Daniele Johnson, LLC

Legal Separation Attorney

legal separation attorney atlanta

Legal Separation Attorney in Atlanta, GA

Nearly every relationship will have their challenges. However, in some cases, those challenges are difficult enough for the couple to consider divorce. However, divorce costs a lot of time and money, and can be emotionally devastating for all involved, especially children. If the couple is not ready to seek a full divorce, for whatever reason, they have the option to become legally separated. During this time they may try to reconcile, or begin to develop their own separate lives to prepare for divorce.

What Is Legal Separation?

A legal separation, also known as “separate maintenance”, is a legal process by which a married couple may hire a legal separation attorney to guide them through a process that allows the couple to physically separate from one another while still remaining legally married.

Why Choose Legal Separation?

There are several reasons why one would consider a legal separation attorney to file a separate maintenance action as oppose to a complaint for divorce.

  • The couple wants to attempt reconciliation. In some cases, spending time apart or seeking the help of a therapist can turn things around in a relationship. Getting divorced and then remarried would not only be hassle, but also very expensive.
  • Either one or both of the parties are not financially or emotionally ready to file for divorce. Officially separating from a spouse through divorce is difficult on a person’s heart and sanity. It’s also an expensive endeavor, especially when there are significant assets involved or a long custody battle.
  • The marriage involves domestic violence and it is simply not safe for the victim to leave. Your health and safety is always the most important thing to protect. Your needs should be heard and met during this time and you shouldn’t have to feel afraid for asking.
  • The client has not resided in the state of Georgia for the statutorily required time. In the state of Georgia, you must be a legal resident for six months before you can file for divorce. If one or both parties has recently moved to or gained residency status in Georgia, they may choose a legal separation until the six month window has closed.

The Legal Separation Process

When a couple goes through the formal process of a legal separation, the court will issue an enforceable order that will remain in effect for the duration of the separation. After separation, the parties may enter into a separation agreement, a contract designed to settle any property, debt, alimony, child custody, visitation, insurance, tax, and child support issues that may lie between them. If the parties cannot reach an agreement on these matter, the court will make ruling and issue an enforceable order. During the separation period, the parties can either work towards reconciliation or prepare for divorce.

A Legal Separation Attorney That’s Here for You

Whatever the reason, Daniele Johnson will make sure all of your interests are well protected. Contact Daniele Johnson & Associates and she will help you make the decision of whether you should file the complaint for divorce or a legal separation agreement.

Daniele C. Johnson Esq.

Get your questions answered - Call to schedule a consult (770) 984-5311.