Separation Forms

Separation forms are legal documents that can be used to create an agreement between two spouses who no longer wish to live together as husband and wife. Each state makes basic forms available that can be altered to suit the situation of any couple. These forms usually cover such issues as disposition of the home and other assets, how bills will be paid, and what will happen to health coverage and other benefits. Child custody and visitation will also be outlined if a couple has children. Spousal maintenance may be determined at this time - especially if one parent has been staying at home to raise children. A separation petition must be filed with the family court system for a separation to go into effect legally. Once the court approves the details of a separation agreement, it becomes binding. An individual can file for separation without the consent or cooperation of his or her spouse. However, in such cases the courts may end up making the decisions regarding assets and custody.

Fast Facts

  • Incorrect information entered on a separation form can have serious legal consequences.
  • Separation agreements may be designed so that they are merged into a later divorce decree or they may be independent of the divorce agreement.
  • In some states where domestic partnerships are recognized, separation forms can be used just as they would be for married couples.

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