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How do I change my legal separation to divorce?

On Behalf of | Aug 1, 2022 | Divorce |

The decision to divorce is a major one. Married couples in Savannah may struggle with whether divorce is the right choice and choose to simply separate instead.

Unlike some states, Georgia law does not allow legal separation. However, you and your spouse can still separate without having to file for divorce.

The benefits of separation

Separation allows you and your spouse to take a break from each other, without having to officially decide to completely end your marriage. One of you may decide to move out, and the time apart can provide you with time to think and assess your situation.

The time apart could make both of you realize you want to stay together, but you might also realize that you are better off staying apart. It is common for separated couples to realize they are happier and emotionally healthier during the separation.

If you are separated and decide you want to change your separation to divorce, you must meet the requirements to file for a divorce.

Divorce petition requirements

A divorce petition requires you to be separated from your spouse and declare that you intend to end your marriage. There is no specific time that you must be separated; however, at least 30 days is preferable.

The easiest way to show separation is if one of you has moved out, and you are no longer living together. You can still be considered separated if you live in the same house if you no longer share a bedroom and live as though you are in separate households.

You must also show that you have not had marital relations since the day of your separation. It is best if both of you agree on the first day of your separation and do not have relations after that.

Deciding to divorce is an emotional, difficult decision, which should not be taken lightly. Once you decide to go through with it, a divorce attorney can help you through the process.