What Happens if We Never Actually Get Divorced in Georgia?

Many spouses in Georgia end their relationships without formally dissolving their marriages, and this can lead to a range of issues. The concept of becoming “estranged” from your former spouse is not a new concept, and some couples maintain this state of limbo for many decades. Some even go their entire lives without actually getting divorced. Due to a range of potentially negative consequences, it is often the best choice to dissolve your marriage with a divorce.

All Debts and Assets Accrued After Separation Are Considered Marital 

If you decide to separate without formally dissolving your marriage,  any assets or liabilities that you incur during this separation period are considered marital assets and debts, meaning they are subject to equitable division in a divorce case . In other words, any assets you or your spouse earn after separation or any debts you and your spouse incur after separation are legally subject to division.  This can make a substantial difference in your financial outlook, especially if you acquire major assets or make serious investments directly after you separate.

It May Be Impossible to Remarry

If you are planning to remain separated without divorcing, you should also consider the potential issues regarding remarriage. Even if you are not expecting to remarry, life can be very unpredictable. You might meet someone new within weeks of separation, and it is not legal to be married to two people at the same time in the State of Georgia. Technically, this is considered a criminal offense known as “bigamy.”

Consider the Emotional Impact 

While there are certainly legal and financial reasons to move ahead with a divorce in Georgia, there are also many emotional considerations to take into account. Finalizing a divorce can provide you with a fresh slate, and it may also give you a sense of closure. If there are children involved in your relationship, your young ones might also feel a sense of clarity when a divorce is made final. Separation may leave children feeling unsure about the future, and this may become stressful for the entire family.

Find a Divorce Lawyer in Georgia Today 

If you’ve been searching for a qualified Atlanta divorce lawyer, look no further than Kaye, Lembeck, Hitt & French. We know that it may be tempting to simply become estranged from your former spouse without formalizing a divorce, but such actions may result in negative legal and financial consequences. Divorce might be easier, and more affordable than you think. Learn more by booking a consultation with us today.

Sources: 

georgia.gov/file-divorce

ncbi.nlm.nih.gov/pmc/articles/PMC2817796/