Legal Separation Verses Final Divorce

Legal Separation Verses Final Divorce

The state of Georgia offers legal separation (sometimes called “limited divorce”) as well as final divorce. Legal separation is not required prior to a divorce.

In cases where parties do not wish to terminate their marriage but do wish to live apart, the court system provides guidelines for separation including financial support. People who opt for legal separation over divorce are still married to their spouses, and may not remarry unless a divorce is obtained. Both parties retain rights to property that they co-own, although it is possible to settle claims to property as part of a legal separation.

Final divorce (also called absolute divorce in Georgia) ends the marriage, allows for remarriage, and settles all claims to co-owned property.