• Georgia Separation Agreement

    Like many other states in United States, Georgia has also got legal separation laws. Legal separation laws were induced in the system so that those married couples who do not wish to live a marital life considering their marriage is dead but do not want to end the marriage. Ending marriage will scarp various social security cover as well as medical insurance cover. So, to maintain these cover couples opt for legal separation. In this way, the marriage stays intact but the couple gets legally separated. The only thing they cannot do is remarry. It would be a legal offense if any of the separated spouse remarry without getting a divorce.

    In order to get the Georgia separation agreement, you first need to file the legal separation papers with the county clerk.. The separation form which you will file with the county clerk will contain information about you and your spouse, complete address, details of any children. In the financial section of the form, you will be required to provide complete information about you and your spouse financial standing. Apart from this, you are also required to provide addition details like details about children.. You will also be required to provide financial documents like bank account and credit card statements, investment and mortgage papers, tax papers, vehicle papers , post retirement benefits and papers about all the marital assets. Georgia separation laws are not much different than divorce laws. Once you have completed the separation petition, make three copies of it and file it with the county clerk. Once you get the file stamped copy of the petition, serve the Georgia separation notice to your spouse. You can use the services of any private process server or marshal or the sheriff to get the notice served to your spouse.

    If you have any child in the marriage then while drafting the separation agreement, make sure you also plan out a detailed plan of action for the child support. One of the most important issues in separation cases is child support. Draft a separate child support plan with the separation agreement. One thing that you need to keep in mind while drafting the child support plan is that you are drafting a support plan for your child. Every money that is getting invested in it is for the better future of the children.

    You will also be required to chart out a spousal support plan for your spouse. One thing you can do is that you can talk with your spouse and draft a spousal support plan with a common understanding. This will help your separation process big time as you do not have to spend time with attorneys trying to get the matter settled in the courthouse. Thus, saving you a lot of money in litigation. You can save a a lot of money if you avoid your separation process from going in to litigation. This money can be equally shared in the separation agreement thus taking an easy way out of the marriage.

    I am Melvin Malen, Mostly i like to write articles on various topics such as http://edivorceadvice.com/divorce-tips-for-men.html and Provide Services for Separation Agreement in Georgia.

  • Marriage Separation and Consequences

    A couple can seek legal separation (separate maintenance) by a court or informal separation, which eliminates costly expenses, including attorney and court costs. During time of separation, a couple can either reconcile any differences or may proceed onto the next step seeking a legal divorce. Most states require a couple legally separated by residing in different location at all times, which does not include separate bedrooms in the same house. A couple living apart does not constitute a legal separation. Some countries or states require a prerequisite of a legal separation for period of time, before filing for a legal divorce. Some couples can resolve their difference mutually during a separation by written agreement, which is drafted by a lawyer. However, desertion is different from a separation, which is recognized by courts, when one of the parties leaves without the intention of returning. Contrary, “Constructive desertion” occurs when one of the parties, forces the other person to leave. In such a situation, a court does not penalize a defendant for leaving, for their own protection or that of a child.

    A couple may seek a trial separation, which is easily reversible then a legal separation, and hopefully through counseling will resolve problems. Resolving problems during an informal separation, does not involve the costly expense for hiring attorneys. Hopefully, mutual equitable solutions can be ascertained, regarding working arrangements, possession of car, bank accounts, credit cards, child custody or any other personal items or matters. However, property division would require legal advise from an attorney. During this time, a couple can live together, but not necessarily sleep in the same room or bed. A formal separation despite being a costly expense, incurring time and pain, maybe be necessary, when a couple cannot resolve their differences. The process and procedures for obtaining a legal separation is the same for “Dissolution of Marriage,” except the couple is still married. A court will govern what will happen during a legal separation, regarding issues of property division, child custody, alimony or spousal support, (If their incomes are substantially different). Typically, a court will have the power to resolve as part of a legal separation, any and all issues, that would be normally be resolved in a divorce. A marital settlement agreement is signed by both parties, and becomes a valid legal contract that is enforceable, if any terms are violated. A marital settlement is recognized in all states. A martial settlement agreement is not a divorce and cannot legally end a marriage. The terms of a separation agreement may be changed through a separate written agreement. Any part of a settlement agreement, regarding parenting and support of children, must be reviewed by a court, which ensures rights of the children adhere to their best interests.

    A couple that is legally separated, may either live together or live in separate residences, for any number of reasons, including can’t tolerate living together, continue receiving medical insurance by the other’s spouse’s company, and some religious beliefs prohibit divorce, but allow a legal separation, couple can live apart. Sometimes spouses may wish to remain legally separated, long enough to qualify in order to receive Social Security or military pension benefits, prior to a divorce. Any time during the process for obtaining a legal separation, either party may request the court to convert the proceedings, into dissolution of marriage or divorce. Most jurisdictions require a waiting or “cooling off” period, before a court will issue a divorce judgment. Beware, after a person obtains a final Decree of Legal Separation, they must go back to the court and file Petition For Dissolution of Marriage, if the legal separation wants to be changed to a final divorce.

    When a couple seeks a separation, the person moving out, should consider the following: If the couple is living in a rental community, the person moving out, should remove their name off the lease and utility bills (gas, electric, phone, cable, trash, paper, etc.), because you maybe held liable for any unpaid past due payments. Forward your mail to a post office box, close friend, relative or new permanent home address. Make copies of all tax records for the past six years. Beware any past taxes due are still your responsibility. Make a note of all address, phone numbers, account information, pension accounts, bank and credit accounts, insurance policies, and any other financial paperwork, that maybe divided during the separation or legal divorce. Place a freeze on all joint credit accounts, which prevents you from incurring debts, if your spouse fails to make any future payments. List all items in a safety deposit (preferable take pictures), which maybe divided later and take any personal items. Pack up all personal belongs, including: Clothing, medicine, family heirlooms, mementos, and any items you personal purchased yourself or received as a personal gift.

    Certain states have their own laws regarding legal separation or do not recognize that status. According to Colorado law, parties who have been granted a decree of legal separation do not lose their inheritance rights. The state of Florida, Georgia, Idaho, Mississippi, Pennsylvania, and Texas do not accept or can’t file for a legal separation. However, in the state of Florida, child support and alimony must be paid during a separation. In the state of New York, one year after filing of the Court’s judgment of separation, either spouse may sue for “no-fault” divorce, based upon one year of living apart.

    Couples should review their insurance coverage, regarding when coverage may be terminated, in the event of a legal separation.

    Analyzing & investing in the financial markets over 20 years. Worked freelance in Wall Street Firms. Part time – Market website for those seeking to find an apartment to rent in NYC & New Jersey. Also part t…  View profile

  • What is a Legal Separation in Divorce?

    A legal separation is very similar to divorce. It needs to go through all the same processes of filing papers with the course that marks the beginning of a legal action. The court then goes through the hearings and gives its decision about the fate of the children, the assets and the debts of both individuals. As the process ends, the individuals can now live separately. In divorce, both the parties break their marriage. In legal separation both are still married. But they are not responsible for the each other’s acts.

    A legal separation is done in the final stages of the relationship when the couples can no longer live together. This helps them understand what the other party wants. The main reason people go for legal separation before divorce is that they find no reason to rush things and to get divorced.

    When people have got a legal separation, they try to get their marriage on track once again. In most of the cases, things get back to normal. But, in many other cases things just do not work out and the parties go for the last option of divorce. When any of the parties wants to get divorce, they can do so by filing a petition to get divorce after one year has passed after their legal separation. This does not require any further hearings and is unstoppable even if the second party does not wish to get divorced. The reason that many people prefer legal separation over divorce is that their religious beliefs do not allow them to get divorced. Many even do it for insurance benefits.

    If both of the parties cannot work out the things between them and get their marriage on track, then any one of the parties can file for a divorce which will result in the termination of their marriage. After the termination of the marriage, both the parties will have to go to the court to decide how to handle questions of the children as well as the division of their marital property. Both of the parties are equally responsible for the debts incurred by them.

    All the property that the individuals purchased after their marriage will be termed as marital property. It includes even those properties that were purchased on the names of any one of them.

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  • A Simple Guide to Understanding Legal Separation vs. Divorce

    There is some confusion amongst most people as to the differences between legal separation and divorce, really the differences come when you look at the smaller legal details. The following is simple and straightforward explanation of the conditions and definitions of legal separation vs. divorce.

    The biggest difference between the two, a legal separation and divorce is the fact that a divorce ends the marriage while the legal separation does not. So taking legal separation vs. divorce there is the idea of finality. If things are worked out a legal separation can be ended and the couple reconciles. Obviously with a divorce there is a severing and the marriage is done. Below are further details of the “legal separation vs. divorce” discussion:

    Legal Separation

    There are options for those looking to work out problem relationships; divorce is straightforward while separations have many options. These legal separations should be considered before a full blow divorce.

    Types of Separation:

    Trial Separation: Simply living apart for a short period of time. There is often a clashing of the personalities and eventually the couple will realize that they indeed want the relationship and that divorce would not be right for them.

    Living Apart: As the name states the couple is no longer living in the same place. This has more of a legal separation slant to be as there are some specific arrangements in certain states with this dealing with assets and debts, especially if there is little chance of the couple getting back together.

    Permanent Separation: A couple is surely splitting up, with this legal separation all assets and debts are each of the spouses’ responsibility. There are exceptions however for those dealing with their marital home and/or children.

    Legal Separation: Fairly similar to a divorce, there is court involvement with items like property division and child custody but the marriage is not ended. So there is still the chance to recoup there isn’t that finality.

    Legal Separation vs. Divorce: Knowing what a legal separation is we can compare it to a divorce and find the advantages or disadvantages of each:

    Legal Separation does not end health insurance coverage, whereas divorce does.

    Legal Separation legally doesn’t end marriage and therefore allows spouses to be applicable for social security benefits after 10+ years.

    Legal Separation is less extreme and still and option for those who may not view divorce as one because of something such as religion.

    As stated before a legal separation gives the marriage a chance to recoup against a divorce, which is final.

    The only disadvantage is that bigamy is not permitted so legal separation does not allow second marriage.

    Legal separation vs. divorce either way it is a breaking of a bond that is unfortunate. Thankfully there are options that couples can and do take before they go all out and get a divorce and that are what legal separation is about. They can take the time and get counseling or get the time to themselves that they need.


    Burton, Kermit The Alpha Arizona Divorce or Legal Separation Kit 1999

    Harwood, Norma Womans Legal Guide to Separation & Divorce in All 50 States 1988

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  • Accounting principles: The business entity concept

    One of the most basic Generally Accepted Accounting Principles (GAAP) is the business entity concept. This concept creates separation between a business enterprise and its owner(s), agents or employees, regardless of the legal status of the business (that is, whether it’s a sole trader, partnership or limited liability company). The business entity concept mandates that the personal affairs of the owner should not be entwined with the operations of the business. 

    A good example that demonstrates this principle is a small business with the legal status of sole trader. In such a business, there is no legal separation between the owner and the business. The sole trader has unlimited liability and stands or falls with it. However, the business entity concept still applies. For accounting purposes, the transactions and activities of the owner are deemed separate.

    The sole trader cannot treat the business funds as his own piggy bank or trust fund. Of course, he has access to it and may withdraw it. Sole trader accounts usually have an account in the owner’s name, where all transactions are recorded. If the owner invests capital, that is documented in the Capital account and a corresponding entry created in the owner’s account. If the owner withdraws money or assets for personal use, it is recorded as drawings.

    As mentioned before, there are different legal forms of business. Many persons confuse the legal standing with the business entity concept. That a limited liability company’s owner/s cannot be held personally liable for their business activities or transactions is NOT the business entity concept. That’s the legal status of a company which encompasses a legal separation. Recall that sole traders do not have this legal separation, but the business entity concept still applies. After all, it is applicable to all forms of organisation.

    The B.E. concept is sufficiently fundamental to be a premise for the basic accounting equation:>

    Capital is the owners’ financial investment in the business. As a result of the business entity principle, the business must treat capital as the amount it owes to the owner. Even the profit that the business may accrue is not owned by the business, but is due to the owners to dispense with as they see fit. If the owner decides to reinvest profit, this is treated as an additional capital injection.

    Critical to preparing financial statements is the B.E. concept as well. Even transactions whose nature is personal (like borrowing the company car for personal use) are treated as a transaction between the business and the owner, agent or employee.

    Just as the legal entity of an enterprise highlights responsibilities, frameworks and legal standing, the business entity concept identifies the business as an entity that interacts with its owners and controllers. This principle makes it necessary and sensible for all business transactions to be documented – even (or especially) transactions with owners, agents and employees.