Georgian law does not recognize the notion of separation from the law. This does not prevent couples who are simply unwilling or unwilling to participate in the divorce process from separating informally. During this phase of separation, the couple can determine the most appropriate modus operandi for the family. Often after a period of separation, couples determine that seeking a divorce or initiating a separate maintenance measure (see below) is the most appropriate procedure. In other cases, couples choose to simply remain separated informally, especially in cases where no significant children or assets are affected and neither spouse seeks the assistance of the other spouse. While couples are advised to find a definitive solution to issues such as child custody, custody and alimony by purchasing a divorce decree, there are several reasons why a couple can stay separated instead of seeking divorce. For example, couples may want to separate, but remain married for the following reasons: Georgian law allows spouses who wish to remain legally married, but who live separated and separated from their spouse, to sue for a separate pension. O.C.G.A. 19-6-10. Separate support action is like divorce, as custody, child custody and child support issues can be resolved either by mutual agreement between the spouses or by the court.
The advantage of applying for a separate support obligation or being separated informally is that separate maintenance operations provide financial and emotional security that would remain separate in the absence of a formal agreement or court decision. More detailed information about separate maintenance operations in Georgia can be found in our article, which specifically deals with separate maintenance operations. In general, the provisions of the right of separation apply to husbands and wives who live separately under the provisions of a court decision or separation agreement. The main reason why couples choose to separate rather than remain separate informally is that the separation of legal separation offers some protection. Thus, spouses who separate informally remain fragile for the debts and financial obligations of the other spouse, even if the spouses no longer cohabit.