Legal separation forms (available online or from the county clerk's office) are used when a couple wishes to live apart and begin dividing their marital assets. This process can also be used to legalize an informal separation so that the terms of an agreement are enforceable. If a couple is planning to divorce, a legal separation is often the first step in the process. Some spouses postpone actually finalizing a divorce for a couple of years if social security or military benefits are involved. This is because a longer marriage (10+ years) can mean that a spouse is entitled to some continuing benefits even after a divorce. One spouse can file for separation without the other's consent. The legal separation forms must be served on the other spouse so he or she has a chance to respond. A judge can hear arguments and decide the details of a separation agreement. However, this process can be lengthy and expensive. Most couples choose to avoid this. They can work things out on their own, hire attorneys to help them settle out of court, or have a third party mediator assist in facilitating negotiations.