Let's assume that you and your worthless spouse, "Sluggo," are definitely headed to "splitsville." The only remaining question, as far as you are concerned, is whether to go ahead and file for a divorce, or, instead, simply to try a separation, (and file a separate maintenance action). What should you do?
As divorce lawyers in Augusta, Georgia, we should tell you, first of all, that each situation is different and that one size does not fit all! In other words, you should sit down with your own divorce attorney to discuss the pros and cons in your particular situation.
But here are some practical tips to consider and to discuss with your divorce lawyer:
1. REASONS FOR DIVORCE:
(a) If "Sluggo" is presently in a cooperative, "signing" mood, then it might be good to go ahead and get him to sign a generous settlement agreement now;
(b) Why pay for two legal proceedings, (separation and divorce), when you can go ahead and pay for just one, (divorce); and
(c) Going ahead and getting a divorce might give you peace of mind, sooner rather than later.
2. REASONS TO SEPARATE:
(a) If you are having health/medical problems, and you are on your spouse's health insurance plan, then this might be a good reason to simply file a separate maintenance action, so you won't lose health insurance coverage; and
(b) If you don't want to have to sell your house right now, because, for example, you want your child to have time to graduate from a particular school, or because the housing market is so lousy in your area at the present time.
Again, each situation is different and this list is not all-inclusive. There are many other factors which might be relevant in your case. Please be sure to discuss the pros and cons of separation versus divorce with your own divorce attorney!