DivorceNet®

I am still living with my husband of almost 11 years, and have finally summoned up the strength to leave what has always been an incompatible relationship. We are living together, but I cannot leave until I find a job. Unfortunately, my field has taken quite a downturn with the economy. My husband knows I want a divorce. I want to get the ball rolling, and figured the first step is to get legally separated. I read online somewhere that in Georgia a husband and wife may be separated even if they are living together. I also read that in Georgia you can be considered legally separated if you are not having "marital relations," which we are not. It has been 6 months since the last time. What can I do that does not cost much (or anything) to get the process started?

Thanks!!

In theory, you can file everything yourself for just the filing fees. In practice, you'll want an attorney. If your husband is going to be cooperative, you should just be able to file a petition for divorce, agree on terms with your husband, and have an attorney write it up. When the mandatory waiting period (if any) is up, you file it and go on.

One other thought: pick up some books by Nolo Press.

Thank you! What's a good way to find an attorney?

"I also read that in Georgia you can be considered legally separated if you are not having "marital relations," which we are not. It has been 6 months since the last time."

Not only that but also EVERYTHING (cook, clean, sleep in separate room, food, trash, no dinner at the same table, money, accounts....the whole nine yard) must be conduct separate as if you are...neighbor/strangers who just happened to live under one roof. Anything still has both names can be used to dispute the "separation".

Wrong, DVD. Maybe in "your state" under the advice of "your attorney" but only "and/or" of the following two requirements must be met in GA.

"Must the husband and wife live apart when a divorce complaint is filed?"

No, but the spouses must be considered separated in a legal sense before one can file for a divorce. Spouses may be considered separated even if they are living in the same house, if they are not sharing the same room and/or not having a sexual relationship.

Thanks! Yay, I'm legally separated!

In my state you are permitted to live together, but in different bedrooms, and it still will qualify the couple to start the seperation clock. As long as they both agree to the 'date' of seperation, the courts will accept it. Then the Plantiff must bring a witness to the divorce hearing, in which they will testify under oath that they have knowledge that the couple has been living 'apart' with no marital relations.

I just read recently here on this forum that the judge agreed with opposite attorney after he brought up the couple's existing joined account to assume that the couple is indeed still supporting each other as husband and wife. One can never predict what judge will rule and can't be contemplated by simply sleeping in separate bedrooms IF separation date is important to them.

Maybe if varies state to state, but I know in my Husband's case, there were no seperation of funds or bank account's required during the seperation period. As a matter of fact, he was ordered to continue to deposit his entire paycheck in the 'family' account and maintain the household expense's during the seperation period. He also resided in the home, in a different bedroom, during most of this time...for financial reasons, but most of all to transition the kids.

There was an agreed to seperation date, and then after one year (which our state requires) there was a date established in which the divorce could be filed and CS/alimony would begin, and the transaction of the home would occur.

But again, could just be our state in how this is acceptable.

One can never predict what judge will rule and can't be contemplated by simply sleeping in separate bedrooms IF separation date is important to them.

That's correct. No one can presume... but if one knows and understands the separation and divorce laws of their own state, then they can presume the facts.

As far as separation of joint (joint, not joined) accounts, that has nothing to do with the marital relations grounds for separation or divorce. Every state has it own grounds and it's up to the filing party to choose the grounds best suited to their own circumstances.

Thanks for your responses, everybody!

You're welcome. Good luck.