“Limitations Georgia Courts Face in Separate Maintenance Actions,” Family Lawyer Magazine
In an article published in Family Lawyer Magazine, Margaret Simpson discusses separate maintenance actions, or “legal separation,” and limitations Georgia courts face in these cases given that separate maintenance actions are somewhat uncommon and there is limited case law on the subject.
Simpson notes that if your client is pursuing a separate maintenance action, he or she should be made aware of the relevant, although limited, case law that could impact their case, including regarding alimony and child support, child custody, and property division and lump sum alimony.
“If your client is interested in pursuing a separate maintenance action, it is important that he or she is aware of the risk that the court may decline to award any division of marital property – or that any division the court may award could be challenged as improper. If your client’s spouse is seeking separate maintenance and asking for equitable division, you might consider arguing that while child support, custody, and alimony are on the table, equitable division is not. It will be interesting to see how the case law develops if the appellate courts are ever directly presented with the question of whether a trial court actually has the authority to divide marital property in a separate maintenance action,” Simpson concludes.
For the full article, you may click here.