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Legal Separation vs Divorce | Atlanta Family Law

Scott Shaw | 980 Views | 10/19/2015

Legal Separation vs. Divorce

The difference between divorce and legal separation is in the end if you’re divorced – you’re divorced. If you’re legally separated, you are not divorced. But the relief you can get in each case is very similar. For example, if custody of children is at issue – the Court can issue an award giving children to the parties, issuing visitation order, or the like. Alimony can be awarded and property can be divided in a legal separation just like in a divorce, however there are limitations as well. As for example, a 401k account can be transferred tax-free to the other party in a divorce. But in a legal separation it cannot necessarily be transferred in a tax-free manner.

So there are some limitations in how you can transfer property. One of the advantages of legal separation, other than the party still being married and thus able to reconcile without having to get a new marriage, is that you do not have to live in the State of Georgia for six months. You can file for legal separation immediately. Whereas, if you want to file for divorce – one of the spouses has to reside in the State of Georgia for at least six months.

By: Scott Shaw

Legal Separation vs Divorce | Atlanta Family Law

Legal Separation vs. Divorce

The difference between divorce and legal separation is in the end if you’re divorced – you’re divorced. If you’re legally separated, you are not divorced. But the relief you can get in each case is very similar. For example, if custody of children is at issue – the Court can issue an award giving children to the parties, issuing visitation order, or the like. Alimony can be awarded and property can be divided in a legal separation just like in a divorce, however there are limitations as well. As for example, a 401k account can be transferred tax-free to the other party in a divorce. But in a legal separation it cannot necessarily be transferred in a tax-free manner.

So there are some limitations in how you can transfer property. One of the advantages of legal separation, other than the party still being married and thus able to reconcile without having to get a new marriage, is that you do not have to live in the State of Georgia for six months. You can file for legal separation immediately. Whereas, if you want to file for divorce – one of the spouses has to reside in the State of Georgia for at least six months.

By: Scott Shaw