In Georgia, a legal separation means, in essence, a suspension of marital relations between husband and wife without a formal dissolution of the marital relationship.  It is not required that the couple cease living under the same house.  The legal separation can occur when a spouse moves into another room in the home with the intent of suspending conjugal rights.  A legal separation can be initiated at the instance of either spouse or by mutual arrangement.  However, a failure to have marital relations does not necessarily show a conclusive bona fide legal separation.

When there is a bona fide state of separation between spouses, the couple may enter into an agreement settling such issues as the support obligation, litigation expenses, dvision of marital property, division of other assets, etc . . .  Subject to court review, the couple may contract as to who will have custody of the children.  However, the couple cannot enter into a conclusive agreement with respect to custody, support, or maintenance of their children.  Additionally, the court, in its discretion, can refuse to incorporate a separation agreement that provides for alimony and attorney's fees into a final divorce decree and instead may make an award to the party based on evidence presented in the case.  When child welfare is at issue, Georgia law forbids parents to bind themselves through a separation agreement so as to preclude the court from deciding what is in the best welfare of the child.

Legal separation agreements should not be entered into lightly.  These agreements can have a significant impact on an individual's rquirement to pay suppport the other spouse, litigation expenses, and attorney's fees.  Additionally, a party's interest in his/her real and personal property can be permanently affected when entering into a legal separation agreement.  Finally, one's ability to have custody and visit their children can also be impacted when entering into legal separation agreeements.

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