The decision to end your marriage is difficult. It is helpful to speak with an experienced Carrollton divorce lawyer to discuss your needs and expectations. At Moffitt Law, LLC, we have the experience and knowledge we need to give you help and advice through the process. We answer your questions and help you get the information you need to make important decisions about your marriage. If you are considering a divorce or separation, you need to understand the facts and understand how they will affect your life and your family`s life. We`re here to help. Contact Moffitt Law, LLC to learn more about the divorce process. Not everyone who comes to our firm wants a divorce. Some people come to us and say they want a legal separation. Every state is different, and if you`re wondering how to get a legal separation in Georgia, unfortunately, you can`t. If and if you begin the divorce proceedings, you will attach the separation agreement to your divorce papers and ask the court to merge the agreement into the final judicial decree, but not to resume it. If the marital separation agreement is introduced in the decree, it becomes a court order and is enforceable by the court. If you do not include the separation agreement in your decree, it will simply become a contract or agreement between you and your spouse.

During an informal separation, some couples may aspire to divorce, child custody or a related purpose, while others simply wish to remain separated. As a general rule, couples without a large estate or children, as well as situations where neither spouse needs financial assistance from the other, are best placed for informal separation. In Georgia, the basic rule is that all marital goods are fairly distributed. In December 1980, the Georgia Supreme Court ruled in Stokes v. Stokes 246 GA 765 (1980). The case concerned the property rights of the parties in a divorce action. The court held that the couple`s marital property should be distributed among them. Each party can retain any property it owned prior to the marriage.

It doesn`t matter what the name or name of the marital property is. If the property was acquired after the marriage and is therefore a marital property, it must be distributed equitably. If the separation of the law is to be permanent or long-term, the agreement works best between couples who have ended the relationship by mutual agreement. Couples with highly volatile relationships may not benefit from an informal agreement. However, the following benefits may encourage the use of an informal separation agreement. According to Psychology Today, a temporary separation can make a fight stronger in the long run. Divorce processes have the potential to wage long, long and difficult battles, which both sides often leave blunt and emotional. With this said, more and more couples have recently begun to decide for disputes alternatives such as mediation or arbitration. Less often, however, some couples try to avoid litigation by avoiding the divorce process altogether, opting for either a separation or a separate support action. To file for divorce in Georgia, the petitioner must swear that he is in a state of separation, which means that the party swears that she no longer engages in conjugal activities and that she considers herself separate. Couples who wish to support or divorce separately should enter into a separation agreement between the two parties.

The agreement can be drawn up by the parties and may contain confirmation that both parties recognize their separation from marriage and outline the disposition of all marital property, children and interviews. Georgia does not recognize this agreement as evidence to circumvent judicial proceedings; However, the document is a binding agreement and can provide a clear overview of how each party wishes to proceed. A separation agreement is a legally binding contract signed by spouses, designed to solve the problems of property, debt and child.