Marital Separation Agreements

Marital separation can be an ideal solution for couples who are not ready for a legal divorce but want to live apart and establish clear legal boundaries. In Georgia, legal separation is known as “Separate Maintenance” and allows couples to address important issues such as child custody, visitation, alimony, child support, and the division of assets without dissolving the marriage. At Boudreaux Law Firm, our experienced family law attorneys in Augusta, GA, provide skilled legal representation for couples seeking a separation agreement, helping you protect your rights and establish a stable arrangement.

Understanding Separate Maintenance in Georgia

Separate Maintenance is a legal action that allows couples to remain married while living apart. It differs from informal separation, where a couple decides to live apart without any court intervention or legal protection of rights. A separation agreement addresses the same issues as a divorce, including:

• Child Custody and Visitation: Establishing arrangements for the care and visitation of children.
• Child Support: Determining financial support for the children’s well-being.
• Alimony or Spousal Support: Arranging for ongoing financial assistance between spouses.
• Division of Assets and Debts: Clarifying property ownership and responsibility for debts.

A legal separation agreement can provide the structure needed to manage these concerns while offering the possibility for reconciliation in the future.

Why Consider a Separation Agreement?

There are various reasons why couples may choose a separation agreement instead of pursuing a divorce:

• Religious Beliefs: Some couples may not believe in divorce due to religious reasons but still need a legal arrangement to manage their separation.
• Financial Reasons: Separation allows couples to retain certain benefits, such as health insurance, while addressing financial responsibilities separately.
• Desire for Reconciliation: Couples who are unsure about dissolving their marriage may use separation as an opportunity to resolve conflicts and explore the possibility of reconciliation.
• Making Divorce Less Stressful: A separation agreement can lay the groundwork for a smoother divorce process, should that become necessary in the future.

At Boudreaux Law Firm, we understand that family law matters are often emotionally charged and require a compassionate approach. Our attorneys work diligently to provide the guidance and support you need during this difficult time.

Why Choose Boudreaux Law Firm for Separation Agreements?

Attorney Todd Boudreaux brings over 25 years of experience in family law to each case. As a cum laude graduate of the University of Georgia School of Law, Todd is well-versed in Georgia’s family law statutes and has helped numerous clients navigate the complexities of separation agreements. He is admitted to practice in the State of Georgia, Georgia Court of Appeals, Supreme Court of Georgia, U.S. District Courts for the Northern and Middle Districts of Georgia, and the U.S. Court of Appeals for the 11th Circuit.

Todd’s commitment to delivering high-quality legal services has earned him recognition and memberships in the Georgia Trial Lawyers Association, Georgia Bar Association, and Augusta Bar Association. At Boudreaux Law Firm, we take the time to understand your unique situation and help you explore the options available to you, ensuring that your separation agreement serves your best interests.

Key Considerations for a Separation Agreement

When creating a separation agreement, several factors need to be carefully addressed:

• Custody and Support for Minor Children: The agreement should outline custody arrangements and financial support for children, including medical care, education, and extracurricular activities.
• Spousal Support (Alimony): Depending on the financial situation of each spouse, alimony may be needed to ensure financial stability during the separation.
• Division of Property and Debts: The agreement should clarify the ownership of assets and responsibilities for debts accrued during the marriage.
• Health Insurance and Benefits: Couples may need to address how health insurance and other benefits will be managed while legally separated.

A well-crafted separation agreement can help prevent disputes and create a stable foundation for both parties, whether the goal is reconciliation or future divorce.

Frequently Asked Questions About Separation Agreements

What is the difference between a separation agreement and a divorce in Georgia?

A separation agreement, or Separate Maintenance, allows a couple to live apart and address issues such as custody, support, and property division without ending the marriage. A divorce legally dissolves the marriage.

Can I file for Separate Maintenance if my spouse and I are still living together?

No, Separate Maintenance is only available for couples who are living apart. If you are still living together, you may need to physically separate before pursuing a legal separation.

Will a separation agreement affect my rights to marital property?

Yes, a separation agreement can address the division of marital property, including assets and debts. It can protect your rights to certain assets or establish who is responsible for particular debts.

Is a separation agreement legally binding in Georgia?

Yes, once approved by the court, a separation agreement is legally binding. It can be enforced like any other court order, and failure to comply may result in legal consequences.

Can a separation agreement be converted into a divorce later?

Yes, if a couple decides to divorce in the future, the terms of the separation agreement can often be used as the foundation for the divorce settlement, making the process less stressful.

Contact Our Separation Agreements Lawyer in Augusta, GA

If you are considering a legal separation and need help creating a separation agreement in Augusta, GA, contact Boudreaux Law Firm today. Schedule a consultation with our experienced family law attorney to discuss your situation and learn how we can help you protect your rights and plan for the future.