Best Child Custody Lawyers in Marietta, GA

There is no such thing as a legal separation action in the state of Georgia. There is, however, an action called a separate maintenance action. The separate maintenance action is used to obtain an order for support when two spouses separate, and one needs and should be awarded support from the other. The court can also decide on some other issues, such as child custody and child support. The separate maintenance action can be changed to be a divorce should either party want to go forward with a divorce.

In Georgia, there are 13 statutory grounds for divorce. Twelve of the grounds are fault grounds, such as cruel treatment, adultery, desertion and habitual intoxication or drug addiction. One ground is the no fault ground.

Yes, you can. However, if you need to receive support from your spouse, then you may want to file a separate maintenance action. When a separate maintenance action is filed, the spouses will still be married, but they will be living apart, and alimony or child support might be ordered to be paid.

The main advantage of being a plaintiff is that you usually get to speak first, as well as last, during each phase of the divorce trial, if there is a trial.

The spouses may both stay in the residence during the divorce unless the court orders that only one of the spouses can live in the residence during the divorce. The court can order this at a temporary hearing. Sometimes parties can live together while the divorce is pending, and other times it is better if the parties do not live together. Often the parties agree who will continue to live in the marital residence. However, if the parties cannot agree and one party wants the other party to move out, then the court can be requested to issue a Temporary Order which addresses this issue.