How to File for a Legal Separation

From LoveToKnow Divorce

Understanding how to file for legal separation can help you receive all of the legal rights you deserve. Many legal separation agreements turn into divorce decrees so it's best to do it right the first time.

Learn how to file a legal separation from your spouse.

Understanding How to File for Legal Separation

The first thing you need to know to understand how to file for legal separation is that this agreement between you and your spouse is legally binding. This means that once the court approves this agreement, you or your spouse are unable to go back on it without going back to court.

When filing for legal separation it's also important to know that every state is different and you will have to check with the court system or a lawyer to make sure that your reason for separation is justified. You don't want to go through the process only to be told by the judge that your reasons for separation are not valid. Usually, reasons that result in either of you not wanting to live together any longer are sufficient but it is wise to check so you don't waste time and money.

Steps in Filing for Legal Separation

Gather Information for the Separation

The first step in filing for legal separation is to gather information for the reason you want a separation from your spouse. For example, if your spouse has committed adultery, you want to include any evidence of his unfaithfulness.

Decide on Responsibilities and Divisions

Decide on temporary child support, custody, and/or alimony. You also want to divide properties and other joint assets. Don't forget to include who will be responsible for paying off debt as well. Once you have decided on all of these factors, it's time to fill out paperwork.

Fill Out Required Paperwork

Either you can hire a lawyer to fill out the paperwork for you or you can do it yourself. The best way to get the paperwork you need is to visit your county courthouse; this way, you can make sure about your state's mandates for legal separation and acquire the correct paperwork. You can also use the Internet to download and print legal documents. USLegalForms.com has many different legal documents including legal separation for each state.

Serve Agreement to Your Spouse

Once you complete the agreement, your spouse must receive it for review. You can do this yourself or having someone else do it. If your spouse agrees with the legal separation document, he or she must sign it. If not, he or she can make changes and then serve them back to you for review. If you and your spouse have difficulty agreeing, you may have to hire a mediator or let the courts decide on who gets what.

Notarize the Document

Once both parties have signed the documents, a notary republic must sign and stamp the document.

Submit to the Court System

Your last step is to submit it to the court system, upon approval by a judge; the county clerk's office will make it official. You and your spouse should receive copies of the official document.

Conclusion: What Legal Separation Means

A legal separation does not mean you are no longer married, it means simply that you and your spouse are no longer living together and need to abide by the provisions of your legal separation agreement. You may decide to meet with a marriage counselor or reconcile while separated, at which time you can contact the court system to dissolve the legal separation between you and your spouse. If you decide to divorce, you may have to wait a certain amount of time depending on your state before you can file. Now that you understand how to file for legal separation, you may feel a little less overwhelmed and depending on your situation, a bit more relieved.

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