How To File For A Legal Separation

After making the decision to split, many women wonder how to file for a legal separation and what needs to be included in the separation agreement. Before you get started, you need to realize that it is a legally binding agreement. Therefore, you should put just as much thought into your legal separation as you would a divorce agreement.

To get the process started, you will first need to meet the residency requirements of your state. Once the residency requirements are met, you will need to file petition for legal separation. You can contact a lawyer to get the process started for you, or you can fill out your own separation agreement using online resources or those provided by state court websites.

To be sure that all your bases are covered, your separation agreement should contain provisions for child custody and visitation, temporary child support and alimony, division of property and liability for debts, and any other details that need to be worked out.

Once all the necessary paperwork is filled out, the petition needs to be served on your spouse, unless both of you are filing jointly. Once your husband is served with the petition, he will have a certain amount of time in which to respond. If both parties agree to the provisions of the agreement, all that is needed is the notarized signatures of both spouses so that it can be presented to the court for approval. If one spouse doesn't agree with the provisions, a counter-petition can be filed. At this stage, it is best to work out disagreements privately, or with the use of a mediator. If an agreement can't be reached, the matter will need to go before a judge to settle everything.

Once everything is settled, the parties need to sign the separation agreement so that it can be submitted to the judge for review and signing. The final document will then be filed with the county clerk. At this time, you should request official copies for both you and your spouse. It's important to note that in many states, a legal separation can be converted into a divorce decree at a later time. Since there are time limits in some states, you should contact a lawyer to find out what the specifics are in your state.

Since state laws vary concerning how to file for a legal separation, it is a good idea to consult a lawyer about your specific situation. You also need to realize that the following states don't formally recognize legal separation: Delaware, Florida, Georgia, Louisiana, Mississippi, Pennsylvania, and Texas. In these states, a post-nuptial agreement or separation agreement can help sort everything out.

The following articles offer more information on how to file for a legal separation and understanding what your rights are:
What is a Legal Separation
Separation FAQS
Preparing For A Divorce or Separation
Temporary Support Orders
Other Marital Separation Articles

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Please Note: This website provides general information about the various issues that arise in a divorce and should not be considered a substitute for legal advice. For specific recommendations concerning your situation, please retain an experienced divorce lawyer who can answer your questions based on the current divorce law statutes of your state. WomansDivorce.com disclaims any liability from any claim arising from any information contained on this website.