Generally, when a marriage shows signs
of failing, divorce is the way to go if things cannot get worked out. Perhaps
no pre-marriage class was taken or the marriage was rushed, either way it is not working and
both of you are miserable. However, for those who still want to give their
relationship a second chance, and for those that are not comfortable with the
concept of divorce, there is an alternative called a separation or separate
maintenance.
An
alternative
Separate maintenance is the equivalent
to alimony in a traditional divorce, it facilitates one spouse supporting the
other financially prior to, during and post the process of legal separation. Separate
maintenance is a viable option for many who are not yet ready to throw in the
towel on their marriage and spending hours and hours with their Alpharetta, GA
divorce lawyer.
Legal
separation is independent of divorce
Georgia divorce attorneys have confirmed
that legal separation does not necessarily have to involve divorce or have
anything to do with divorce at all. They are distinct, separate, and
independent procedures.
All married couples have arguments, and
that’s just the way things are. However, unfortunately for some couples the
frequency of these arguments and the intensity of these arguments start to get
way out of control. There are different ways in which they deal with such marital
issues. Some couples try to work it out by themselves, some try marriage
counseling while others decide to give each other some space and work on their
issues while one of the spouse lives separately or away during this time. The
latter is basically what is known as legal separation.
A separation can be planned in advance
and is called a trial separation. This is where the couple establishes terms of
the separation such as the separation period, and financial support
arrangements, to name a few. This process can be made easier with the
involvement of mediators or lawyers experienced in family law.
At the beginning, the intention of the
legal separation is to give the marriage a chance, the objective is
reconciliation. However, if things turn worse and one or both spouses decide
that the marriage is simply beyond repair then they may ease the legal
separation process into a divorce or the couple can opt to simply remain
legally separated. Their use of Alpharetta, Georgia divorce lawyers is limited.
Even though the latter is not a very
popular option in America, some couples still tend to take this route
especially if and when they are opposed to the idea of a divorce or it they are
limited by some religious restraints that demand a marriage not be broken
pretty much no matter what.
Legal
separation is legitimate
When the couple decides that their
marriage has come to an end, they can live separately through legal separation
and still be able to figure out matters such as alimony, child custody,
property division, and other related issues. For the most part, legal
separation is a court recognized state of a marriage. Alimony in a legal
separation is referred to as separate maintenance. It is where one spouse sends
money to the other spouse after they have been legally separated.
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