A separation agreement in Georgia is used when you and your spouse have decided on a marriage separation. Once you have decided on getting legally separated, this is how you legally decide to settle on property, assets, and child custody. Sometimes people call it different names, so a separation agreement is also known as: marital settlement agreement, marital separation agreement, or legal separation agreement. Either way, they all do the same thing.
Separation Agreement In Atlanta Georgia: Vocabulary
The separation agreement includes many terms, many of which will also be seen in a Divorce Decree. Example terms in a separation agreement:
- Terms of child support or custody
- Spousal support (you can learn more about alimony and the divorce process here)
- Splitting assets in divorce in Atlanta, Georgia
- Who will have possession of the “marital” house
- Selling the marital house and how the income is divided
- Expenses of the “marital” house and the division of the expenses
- Whether spousal benefits will continue during the separation period
If you want an easy divorce in Georgia, make sure you and your spouse come to an agreement on all of these terms as fast as possible. Getting a divorce is stressful in most cases, so there’s no need to make it more difficult than you need to. Divorce in Georgia doesn’t have to be difficult, so be prepared with your separation agreement!
Divorce In Georgia: A Guide To Separation Agreements
Creating a separation agreement when filing for divorce in Georgia can help out your divorce process tremendously. However, note that a marriage separation and getting a divorce are not necessarily the same thing. When you get a divorce, it is terminated by a judge who issues a divorce decree. A separation agreement, although legally binding in some states, is not a way to terminate your marriage.
Maybe you’re wondering why someone would choose to simply have a marriage separation as opposed to filing for divorce in Georgia? Consider:
- A couple isn’t emotionally ready to file for divorce
- Spouses want to remain married without living together
- Some states require a separation period before filing for divorce
- A couple want to finish and finalize their separation of property and assets before filing for divorce
- Spouses might want to keep the benefits that come with marriage, such as medical insurance or tax benefits
However, do note that only having a marriage separation is not necessarily better, cheaper, or faster than actually getting a divorce in Georgia. It all depends on what you and your spouse are looking for.
Signing the Marital Separation Agreement
Both parties must sign the Agreement in front of a notary public. This is usually done at a Georgia divorce attorney’s office. Each spouse should retain a copy of the signed separation agreement. You may access a copy of the unsigned copy of your Agreement.
Legal Enforceability of Marriage Separation Agreement In Atlanta Georgia
Whether a Marriage Separation Agreement is legally binding depends on the laws of the state in which you lived during the marriage. Most states recognize Legal Separation Agreements. However, Georgia does not recognize legal separation. But even though this state does not recognize legal separation, a separation agreement can still help organize what you and your spouse agree upon in terms of how assets and liabilities will be allocated, how child support and support claims will be arranged, and how property will be divided. Although there are additional steps to take to divorce in Atlanta, Georgia, the Marriage Separation Agreement can function as a legally binding contract between the spouses.
Some states require that you file your Marriage Separation Agreement with the court seeking legal approval of its terms in order for the Agreement to be enforceable. For example, in Community Property states, Community Property rights cannot be severed or divided unless adjudicated by a court. In other words, your Agreement is not enforceable until the judge issues a Court Order. Other states, do not do not require that you file your Agreement with the court; instead, the Agreement is a binding contract between the parties. Georgia, however, is not a community property state, so you will not have to worry about this.
Separate Maintenance in Georgia
Legal marriage separation is not recognized in Georgia, though. It is not an action they can grant, but they do recognize Separate Maintenance, which is very similar.
Separate maintenance in Georgia is very similar to simply filing a separation and filing for divorce. Getting a divorce in Georgia isn’t an action all couples want to seek so this route is a common alternative.
Just like when you’re filing for divorce in Atlanta, Georgia, you must serve a petition wishing to begin the proceeding of the separate maintenance on your spouse. The petitioner (the spouse filing the action) doesn’t have to be a resident of Georgia when you’re only looking for separation maintenance, unlike when filing for divorce.
Just like a marriage separation, your marriage is legally still intact with separation maintenance.
Related: Selling Your House While Divorcing in Atlanta
Separate Maintenance is Financial Support Between Spouses
Most people associate “separate maintenance” or alimony with divorce. However, it is possible to obtain separate maintenance with a legal separation. Separation maintenance is similar to alimony or spousal support, but it’s not called alimony because the couple is still legally married. The factors used to determine separate maintenance are similar to those for determining alimony, and will depend entirely on the laws of your state.
The basic idea is that one spouse may need financial support after a legal separation due to a lower earning capacity. If so, the higher-earning spouse will have to provide support for at least some period of time: the amount and duration of the payments will depend on the spouses’ incomes, earning abilities, ages, the length of the marriage, and a variety of other state-specific factors.
Selling A House With A Separation Agreement In Atlanta Georgia
Whether you’re getting a divorce or legally separating, selling your house can be difficult to figure out.
Most couples that we buy houses from weren’t considering that they will have to figure out:
- Who will pay for renovations on the house?
- Who will manage the contractors?
- Who will get estimates and pick contractors?
- Who will interview and pick the Realtor in Georgia?
- Who will negotiate and close on the property?
- Who will clean the house for every showing?
- Who will pay the Realtor fees?
- Can you wait 6+ months for the house to sell?
- What if your buyer backs out?
If you work with a company like Breyer Home Buyers then you won’t have to worry about any of this. We aren’t Realtors. We pay cash for houses and we can close within 14 days. However, we will gladly buy the house on your schedule.
The process to sell your house fast during divorce with Breyer Home Buyers is:
- Call us or fill out the form below today.
- We will set an appointment to come look at the house.
- We will make a no-obligation offer on your house. (No sales pitches)
- We sign the 1 page purchase agreement.
- We have an inspection on the house.
- We close on the house at a local title company.