Johns Creek Legal Separation Lawyer
Dealing with separation is an emotional and legal issue that could take a heavy toll on you in more ways than one. Hence, you need a legal separation attorney to assist you throughout the separation process.
Before anything else, you need to know that Georgia courts do not recognize legal separation. The state instead offers divorce, annulment, and separate maintenance, with the latter being almost exactly like legal separation.
If you are among those people who wish to separate from their spouses but do not want to get a divorce, you have two available options: informal separation and separate maintenance. According to the law of Georgia, decisions over marital issues such as property division, financial support, and child custody will be made in separate maintenance.
The whole process can be complicated, especially with limited legal knowledge. You do not want to prolong this. After all, the last thing you want from a failed relationship is the extended time spent dealing with your former partner, discussing legal separation agreements that could heat things up.
To help lessen the burden of the whole separation process for you, our attorneys are available to give you some invaluable legal service. For sound counsel and excellent legal representation, contact Vayman & Teitelbaum, P.C. at (678) 504-8411 and consult our team of legal separation attorneys here in Johns Creek.
Although Georgia does not legally recognize the idea of legal separation, you can still informally separate from your spouse if you or your spouse are not willing nor ready to engage with a divorce process.
You can use this separation period to identify the best course of action you want to take next. Will you go for a divorce? Do you want to initiate a separate maintenance action? It is during this time that you can think things through. Acquiring legal assistance from an attorney will then be beneficial since it is common knowledge that the legal world is not that easy to go through.
If you want to get separated but remain married in status, the following are the benefits you can get:
- Ability to meet the 10-year requirement for social security benefits
- Continuous health insurance benefits from your spouse’s health plan
- Tax benefits from filing jointly
- Military benefits
To get full clarifications on this matter, you can contact our legal separation attorneys now at (678) 504-8411.
Since legal separation is not granted in Georgia, you and your spouse can opt for separate maintenance instead. This process is much like Georgia’s equivalent to legal separation, after all.
You can initiate an action for separate maintenance/legal separation if you wish to live separately from your spouse but remain legally married. However, you can only do this if there is no pending divorce action between you and your spouse.
The grounds for separation are the following:
- The separation was agreed upon by the couple.
- The separation was based on the misconduct of the defending spouse.
- The allowed types of misconduct include, but are not limited to, adultery, domestic violence, abandonment, and excessive drug use.
The separate maintenance or legal separation agreement is similar to that of divorce as it also covers the issue of child custody, visitation, child support, debt payments, and alimony. The agreement can either be met between you and your spouse or has been ordered by the court. To put it simply, the only major difference between divorce and separate maintenance (i.e., legal separation) is the actual formal divorce decree granted to both spouses.
Initiating a separate maintenance or legal separation action will need not just your patience and finances. It will also require the expertise of a legal separation attorney.
You cannot afford any more mistakes when it comes to relationship decisions. Let our skilled attorneys help you make some legally right ones.
Legal Separation/Separate Maintenance and Divorce
The legal separation process, known as separate maintenance in Johns Creek, GA, is a way of ending a relationship while still being legally married at the end.
Separate maintenance (i.e., legal separation) is a court order instructing the couples of their rights and responsibilities as a married couple living separately. Choosing separate maintenance over a divorce is a personal choice that is influenced by either of the following:
- Religious beliefs
- Want to avoid the social stigma of divorce
- Insurance or pension benefits from the other spouse
Whatever your reason is, if you’re going to pursue separate maintenance (i.e., legal separation), you will do best with the expert guidance of a legal separation attorney. An attorney’s wise counsel could go a long way in terms of saving you from future disputes you may have with your former spouse. Not to mention, it could also save you from mistakes and from the unnecessary extended time of dealing with the separation process.
Cost of Legal Separation/Separate Maintenance
The cost of separate maintenance (i.e., legal separation cost) upon filing the petition can reach up to $200. Checking in with the clerk’s office is highly suggested for you to know the exact filing fee and the accepted payment methods.
However, if you cannot afford to pay for the filing fees, you can ask the court to waive them. The court will then require you to provide details about your income and assets. If you are a recipient of any governmental benefits, you’re generally eligible for a waiver.
If you wish to apply for a fee waiver, download the affidavit and fill it out before even going to the clerk’s office. Also, bear in mind that the affidavit must be notarized.
To help you with a smooth and financially friendly process, acquire the assistance of our legal separation attorneys in Johns Creek now.
Right Law Firm For You
In Vayman & Teitelbaum, P.C., we can confidently assure you that you can acquire the most desirable outcome for your case. Our team of legal separation attorneys is characterized by knowledge, experience, dedication, and professionalism.
Their familiarity with the law and commitment to high-quality service will secure the best legal representation you could have. Aside from responding to the other involved party accordingly, our attorneys can also promise sound counsel and security from any additional legal trouble down the road.
To save you from the legal jargon that will just make your separation worse, our best legal separation attorneys in Johns Creek are ready to serve you.
Talk to Our Attorneys Now
Dealing with separation is not easy. The legal separation process and agreements are not exactly pieces of cake to handle. Along the way, you will spend money, time, and emotions—probably more than what you originally signed up for.
Avoid getting drowned in the stress caused by a failed relationship. Acquire our help to handle all the legal consequences of your unsuccessful union.
Contact Vayman & Teitelbaum, P.C. at (678) 504-8411 and talk to our commendable legal separation attorneys.