Legal separation is also known as "separate maintenance" in Georgia.It's a way for married couples to live apart without divorcing.If they don't want to divorce for religious or cultural reasons, they use separate maintenance.You can't get remarried if you separate in this way.While separate maintenance can determine custody of any children and arrange for child support payments, it doesn't legally end the marriage.
Step 1: Separating from your spouse.
A Georgia court won't grant separate maintenance unless you are living apart from your spouse.You can't be sharing expenses or living under the same roof.You can't have a pending divorce when you file for separate maintenance.
Step 2: An agreement with your spouse is something you should negotiate.
If you and your spouse are able to agree on how the property should be divided, the separate maintenance process will be a lot less complicated.You will need to work on a parenting plan if you have children.It's not necessary for you and your spouse to agree on everything.The judge can make a decision for you.This will involve a lot of time and effort, and may require both of you to hire attorneys.If you can't communicate with your spouse, you may want to try mediation.The two of you can reach a mutually agreeable resolution to any disputes with the help of a neutral third-party.If you don't file for separate maintenance without an agreement, Georgia law requires mediation and you will have to do it eventually.
Step 3: The court you want to file your petition in is the one you choose.
You will usually file a petition for legal separation in the county where the person lives.Even if you and your spouse have come to a mutual agreement, the petition still needs to be filed by one of you.The other spouse is the one who is accused.You can read or hear the terms.They mean the same thing.To file for separate maintenance in Georgia, one spouse must be living in the state for at least 6 months.You can file in the county where you live if your spouse no longer lives in Georgia.
Step 4: The forms are from the county court.
You can use the forms available in most counties to draft your petition.You may be able to find them on the court's website, or you can go to the courthouse and ask for them.If you and your spouse have children, there are two form packets.Make sure you get the forms for the county where you're going to file your petition because there may be minor differences.
Step 5: You need to fill out all the forms.
Instructions for completing the forms come with your form package.Before you start working on your forms, read the instructions carefully.You can get help in the clerk's office if you don't understand them.The staff in the clerk's office can only answer questions about the forms themselves.If you want to file your forms with the court, you should have an attorney look over them.For a small fee, most family law attorneys will do this.You may be able to get free or reduced-cost legal assistance if you have low income.You can find a legal aid organization near you by using the directory.
Step 6: The financial documents should be gathered.
Federal and state income tax returns, pay stubs, and some loan applications are some of the documents that should be filed with your petition.From the date you plan to file your petition, you need financial documents for the past year.3 years is how long the loan applications and financial statements last.This could include a mortgage application.You will need to fill out child support schedules if you have children with your spouse.You can find these forms on the Georgia Child Support Commission website.
Step 7: Take it to the courthouse.
Take your originals and copies of your paperwork with you to the clerk's office of the court you want to hear your petition from.You will be assigned a case number after the clerk stamps your documents.The court file contains your original documents.One set of copies is yours to keep, while the other must be delivered to your spouse.
Step 8: You can either pay your filing fees or apply for a waiver.
There are filing fees for a separate petition.You should contact the clerk's office to find out what payment methods are accepted.The court can waive the filing fees if you can't afford them.The application requires you to provide information about your assets and income.If you receive government benefits, such as AFDC or SNAP, you'll likely be able to get a waiver.Before you go to the clerk's office to apply for a fee waiver, you should download the affidavit and fill it out.The affidavit needs to be written.
Step 9: Sign your form in front of a person.
All the information in your petition is true through the verification form.If you are representing yourself, this form is required.Most banks and libraries have a notary at them.If you start at your own bank, they may offer free notary services to customers.A small fee is typically charged by other notaries.The document is signed by the person who verified your identification and witnesses you signing it.They don't do anything to confirm the information in your documents.
Step 10: Have your spouse serve you.
You have to deliver your documents to your spouse using a legal service process.The process shows that your spouse has an opportunity to respond to the petition.Most people use the sheriff's department for private process serving.Sheriffs charge a fee to serve court papers.If your court fees have been nixed, this fee will not be charged.
Step 11: Inform the court of any accommodations you need.
When you're filing your papers, tell the clerk if you need a translator or other accommodations.If the court has enough notice, accommodations are free of charge.If you need accommodations at least 10 days in advance of your hearing, you must notify the court.If you know you're going to need those accommodations when you file your paperwork, you should go ahead and get that taken care of so you don't have to worry about it later.
Step 12: To prepare for the hearing conduct discovery.
If you have a case, discovery may be necessary to get all the information you need for the hearing.In most cases, there is no need for a separate maintenance petition.If you and your spouse have separate finances, you can use the discovery process to get information about their bank accounts, investments, and other assets.Information about the discovery process can be found in the instructions you received.You can find information from the self-help section of the court's website.
Step 13: You can participate in the mediation.
Georgia courts require mediation if you don't come to an agreement on all issues.The judge will decide if you can resolve your disputes through mediation.A neutral third-party moderates discussion and negotiation between you and your spouse to reach a mutually agreeable compromise on any issues you disagree about.Fees can vary, but typically won't be more than $100 an hour.Unless you make other arrangements, the cost is split between you and your spouse.Some counties may offer mediation for free.
Step 14: Know the court rules and procedures.
It is your responsibility to understand the basic rules of the court if you are representing yourself.You will be expected to follow them the same way as an attorney would.Basic court rules and procedures can be found in the self-help section of the court's website.There is information for "pro se litigants".The legal term for people who represent themselves in court is pro se.If you've never been in court before, make time to attend a hearing at some point.Hearings are the best way to get used to court rules and procedures.
Step 15: You should organize your documents for your hearing.
You will need a list of documents or other evidence to show the judge at the hearing.The issues under dispute will affect the documents you need.If you and your spouse agree on everything, you may not bring anything else apart from the documents already filed with the court.The judge may ask you questions to make sure you understand the separation agreement.Evidence is needed to support your argument on some issues.Copies of credit card bills, pay stubs, and bank, mortgage, or investment statements are required for the division of property and debt.
Step 16: You have a hearing at the courthouse.
You should arrive at the courthouse at least 30 minutes early so you have time to go through security and find the right courtroom.The judge may hear more than one petition.Take a seat in the gallery until your name is called.You can go to the front of the courtroom.
Step 17: You should present your petition to the judge.
If you and your spouse have already agreed on everything, your hearing will be brief.The judge will ask you a few questions to make sure you understand the agreement.The hearing may seem more like a trial for the contested petitions.The judge can hear and understand you if you speak in a loud, clear voice.The judge should always be treated with respect."sir" or "ma'am" is usually acceptable, but this depends on the judge.Don't interrupt the judge or anyone else in the courtroom.Even if you disagree with something your spouse is saying, remain quiet and listen.You can bring it up when it's your turn to speak.
Step 18: Receive the judge's decision.
The judge will issue a final order at the conclusion of the hearing.Copies of the judge's final order will be given to you and your spouse.It may take a few days for the final order to be entered if the judge had to make a decision.The judge will sign the order you drafted in your packet of forms if you and your spouse entered a separation agreement.The final order of the court will be that document.You may be able to appeal if you disagree with the judge's decision.There is a family law attorney who specializes in maintenance appeals.