Georgia’s separate maintenance statute sets out what has to be true before a court can hear your case.
What the Statute Requires
OCGA 19-6-10 provides that “[w]hen spouses are living separately or in a bona fide state of separation and there is no action for divorce pending, either party, on the party’s own behalf or on the behalf of the minor children and any dependent adult child as defined in Code Section 19-6-15.1 in the party’s custody, if any, may institute a proceeding by petition, setting forth fully the party’s case.”
Three things are packed into that sentence.
First, there must be a marriage. The statute speaks of “spouses,” so an action between people who were never validly married has no footing.
Second, the parties must be living separately, or in a bona fide state of separation. This is the requirement people most often overlook. The statute is not available to spouses who are still living together, however unhappily.
Third, no divorce action can be pending between the parties.
What Happens Next
The statute is unusually specific about the mechanics. “Upon three days’ notice to the other party, the judge may hear the same and may grant such order as he or she might grant were it based on a pending petition for divorce.”
The reference to dependent adult children is recent. The General Assembly added it effective July 1, 2024, for causes of action accruing on or after that date.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!