Separation, Child Custody & Bifurcation in Georgia

Separated couples may obtain child custody and financial support orders.

Legal separations are rare in Georgia because there is no waiting period required to file for divorce. Nonethless, some married couples in Georgia choose to separate while they work out their personal differences and decide whether they want to divorce. Even though a legal separation does not end a marriage, Georgia courts offer assistance when it comes to child custody arrangements and financial support orders. These orders, which a judge issues, decide custody and visitation rights as well as whether a spouse is entitled to financial support from the other spouse during the separation.

Separation

Separation, unlike divorce, has no legal effect. This means that a separation does not end a marriage and that separated spouses may not get married to other persons unless they legally end the marriage by filing for divorce within the state of Georgia. Unlike other states, which do not allow separate couples to continue living in the same house during the separation, Georgia is unique. Separated couples in Georgia may share a home during the separation, but may not share a bed. Georgia's allowance is helpful for couples who want to separate, but who cannot afford two homes.

Child Custody

A separated couple with children often must make provisions for child custody arrangements and financial assistance from the noncustodial parent. In general, courts prefer couples to reach child custody agreements without judicial assistance. If this is not possible, however, and the separated couple is locked in a stalemate, then Georgia law provides that a party may petition the court for a financial support order. If the petition is approved, the court will issue an order stating the rights and obligations of each party under the orders, including any payments that must be made to the petitioner to financially support the petitioner and any children the couple have together.

Bifurcation

Bifurcation is the process by which a trial judge divides a legal proceeding into two parts. For example, in civil litigation, bifurcation is used to ask a jury to first decide who is liable and then to, separately, award damages. In the context of a divorce, bifurcation allows a judge to first settle the status of the marriage and then address items such as child custody, alimony and property settlement. Georgia's statutes are silent whether bifurcation is permitted during a divorce -- some states ban the practice outright -- which means that a party may petition the court for a bifurcated divorce proceeding and attempt to persuade the judge that the circumstances warrant the division.

Divorce

Any orders a judge issues during a separation continue until a spouse files for divorce. Once the the judge issues any custody arrangement or financial support in the divorce proceeding, those orders supersede any previous orders issued while the couple was separated.

References

• Onecle; Georgia Code - Domestic Relations - Title 19, Section 19-6-10; April 2006
• Judicial Branch of Georgia: Self Help Resources