Couples who are seeking divorce or are just considering the possibility of a divorce, do not have to become legally separated as an initial step. But, this formality is an option for those individuals looking to protect their assets, interests and children during the divorce discussions. Couples can either file the required legal separation form with the family court, or in the event that they hire an attorney, counsel can act on behalf of the client by filing the forms. Most couples come to an agreement regarding the terms of their separation agreement without the assistance of a mediator or divorce attorney. But, unfortunately some couples cannot. In this event, the couple will need to schedule a court hearing to be heard by a judge.