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Atlanta Divorce Lawyer > Forsyth County Separate Maintenance Lawyer

As part of the divorce process in Georgia, it may be appropriate to award one of the parties alimony to provide essential financial support and help that person become self-sufficient after the marriage is over. However, state laws also recognize that many couples do not live within the structure of a typical marital arrangement. Spouses may reside separately, though they do not go through official divorce proceedings. In such a situation, Georgia statutes allow for separate maintenance, as a form of alimony paid to a lower earning spouse when the parties do not dissolve their marriage.

Though similar in many ways, separate maintenance is distinct from alimony and incorporates a unique set of laws. Our Buckhead Family Law team is knowledgeable in the relevant concepts, and we have extensive experience representing clients in connection with the legal process. Please contact us to set up a consultation with a Forsyth County separate maintenance lawyer, and read on for an informative overview.

When spouses remain legally wed but do not live together, the scenario encompasses legal concepts that apply to both divorce and marriage. Georgia’s statute on separate maintenance is intended to address this situation when one spouse needs financial support to live a reasonably comfortable lifestyle. Separate maintenance may be appropriate where:

  1. The spouses are legally married;
  2. The parties live in a state of separation for legal purposes;
  3. There is no pending case for divorce; and,
  4. A substantial financial disparity exists between the spouses.

By meeting these four criteria, a lower earning spouse may qualify for separate maintenance. He or she can file a petition in court to seek financial support, at which point both parties attend a hearing before the judge to argue their respective positions. However, it is also possible to work out an agreement for separate maintenance and avoid litigation.

The Forsyth County separate maintenance attorneys at Buckhead Family Law have meticulous knowledge of the applicable Georgia laws, so we can advise you on your options. We have experience in negotiating agreements between spouses for separate maintenance, but we are also skilled at trial advocacy if we need to go to court to protect your interests. We take a personalized approach to your case by engaging in such tasks as:

  • Reviewing your circumstances to identify all relevant legal issues;
  • Explaining Georgia’s separate maintenance statute;
  • Investigating and gathering evidence to support your position;
  • Advising you during negotiations on a separate maintenance agreement; and,
  • Representing you in court at a hearing on contested issues.

If you are in a position to request separate maintenance or may need to pay support to your spouse, it is critical to retain legal help regarding the details. Our team at Buckhead Family Law is ready to serve your needs, so please call 470-600-6699 or visit us online to schedule a consultation with a Georgia separate maintenance lawyer today.

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