Savannah GA Divorce Lawyer

The date of permanent separation plays an important role in a divorce. Because it can significantly affect how property and money are distributed, the date of permanent separation is generally hotly contested in a divorce. You are considered permanently separated if you live apart from your spouse without intending to reconcile but you are not divorced.

In some states, living apart can change property rights between spouses—if you don’t intend to get back together, then assets and debts acquired during the separation belong only to the spouse who acquires them. You are no longer responsible for any debts that your spouse incurs once you are permanently separated. Likewise, you’re no longer entitled to any share of property or income that your spouse acquires or earns.

If you and your spouse are hoping to reconcile, it’s a good idea to put in place an informal agreement about some issues that will surely come up - you will need to decide whether or not you will continue to share a joint bank account or credit cards, which of you will stay in the family home, how expenses will be shared, and the like. If you have kids, you’ll need to decide how and when each of you will spend time with them.

You can seek a divorce even if you’re formally separated. It is fine to maintain your separation without getting a divorce for as long as you want if you and your spouse agree to it. But once your spouse wants out, it’s their right to proceed with a divorce. Don’t try binding your spouse to an agreement to stay married for a certain period of time before seeking divorce.

If you are legal separated, you’re no longer married, but you’re not divorced either, and you can’t remarry. Being legally separated is a different legal status from being divorced or married. However a court’s order granting the legal separation will include orders about property division, alimony, and child custody and support, just as a divorce would.

Religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate lives are some of the reasons why some people prefer legal separation over divorce. You can live very happily in a state of legal separation for many years.

Facing a legal separation or divorce? Our Savannah divorce attorneys can help you. Fill out the form at the right or call our offices.