Legal Separation

If you and your spouse have not decided on a divorce or your religious belief do not allow for a divorce, but you would like to live apart either temporarily or permanently, a legal separation may be right for you. 

A legal separation allows you and your spouse to live separately and formalize the arrangement by a court order or through a written agreement. The order or agreement will specify what support, if any, one spouse will pay the other and may include child support, alimony, and the equitable division of your marital property and debts, all the same items that would be contained in a divorce settlement.  If you have minor children, the agreement or court order will set out arrangements regarding child custody or child visitation.  CJ and the Remboldt Mediation Firm can help you make all the decisions you need to include in your separation agreement.

To schedule your free telephone consultation with CJ and the Remboldt Mediation Firm to discuss a mediated separation Memorandum of Understanding, call 404-348-4081.

A legal separation does not take the place of a divorce.   A separation generally recognizes the possibility that the couple might reunite. In any case, its terms can be modified by you and your spouse or the court if you later divorce.

It is important to note that even if you are legally separated, you may not remarry. You must wait until a divorce is granted by the court before marrying again.

While you and your spouse are legally separate, you no longer accumulate marital property. The property acquired after the legal separation will be considered each partner’s separate or non-marital property.