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August 25, 2026 Alimony & Custody

Can You Get Custody in a Georgia Separate Maintenance Case?

A Georgia superior court hearing a separate maintenance case can decide custody of the children in the same action.

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August 25, 2026 Decrees

Does a Divorce Decree Override Custody From a Separate Maintenance Case?

Georgia's separate maintenance statute supersedes an earlier alimony award, but it says nothing about custody orders.

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August 25, 2026 Decrees

Does a Separate Maintenance Decree Survive a Later Divorce in Georgia?

A Georgia alimony judgment entered before a divorce is not wiped out by a divorce decree that says nothing about alimony.

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August 25, 2026 Decrees

Is Property From a Separate Maintenance Judgment Divided Again in a Divorce?

Property awarded in a Georgia separate maintenance judgment becomes separate estate and is not subject to equitable division in a later divorce.

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August 25, 2026 Procedure

Does Filing for Divorce Stop a Georgia Separate Maintenance Case?

A Georgia divorce filing puts a separate maintenance case in abeyance by operation of the statute, but a divorce filed in another state does not.

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August 25, 2026 Procedure

Personal Service in a Georgia Separate Maintenance Case

A Georgia separate maintenance action runs against the person, so the other spouse has to be personally served.

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August 25, 2026 Procedure

Where Do You File a Separate Maintenance Action in Georgia?

Georgia's constitutional venue rule for divorce does not govern separate maintenance, and a case seeking only a nonresident's property must be filed where the property sits.

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August 25, 2026 Enforcement

Can a Separation Agreement Bar Year's Support in Georgia?

A written Georgia separation agreement settling support can bar a surviving spouse's year's support and inheritance claims, but an oral one silent on support will not.

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August 25, 2026 Enforcement

Enforcing an Out-of-State Separation Agreement in Georgia

A Georgia court will enforce a separation agreement signed in another state, but reads it under that state's rules of contract construction.

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