Legal Question in Family Law in Georgia

Re: Separation with no children

The correct term is "separate maintenance". You file a petition in the Superior Court where your spouse lives. You consult with a local attorney, because if you try to do this yourself, you will be held to the same standards regarding knowledge of the law and procedure as an attorney.

Formal and Informal Separation

If you just want to separate in order to pursue a divorce in Georgia, you must refrain from having sexual intercourse with your spouse. On the other hand, if you and your spouse want to remain legally married, whether for tax purpose or another reason, but you both want to have guidelines on how to conduct certain things in your lives, then you would want a separate maintenance. With the separate maintenance, you will need to file documents with the court; it would be best to hire an attorney to do the separate maintenance, but you do not have to hire one. If you choose to go into court "pro se" (do it yourself), you are expected to know how to conduct everything as if you were a licensed attorney though.

Re: Separation with no children

Georgia does not have legal separations. Unless you want alimony (separate maintenance) there is nothing in Georgia to file to separate.