How to File for Legal Separation

The modern world offers married couples many ways in which they can legally terminate their unions. Often this involves documentation and formal court filings. This applies just as much to the separation as the divorce process. Many people wonder how to file for legal separation, and though state guidelines and laws will vary, it usually must begin with a formal separation agreement. There are many templates available, but since most separation agreements will be legally binding, it is important to ensure that "all bases are covered". This may require some serious thought and should include custody and visitation provisions, alimony and support arrangements, property division details, and the way in which existing debts will be repaid. Consulting with an attorney is not a bad idea, and if the split is somewhat amicable the spouses could work out the arrangements together. There is always a formal serving process with separation agreements, and then the document can be filed with the court.

Fast Facts

  • Not all states deal with legal separations in the same way, and a visit to a state's website or local court house is the best way to get answers.

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    Choosing legal separation vs divorce depends on whether you feel your marriage can be saved. Although legal se...
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