Separation Papers

Separation papers create an agreement between spouses who want to separate or dissolve their marriage. While such papers can simply be drawn up and notarized, this does not guarantee that they are binding in court. One spouse moving out of the marital home does not automatically mean the couple is legally separated. In states that make provisions for legal separation, individuals or couples can file a petition with the family court to grant them this status. This is similar in many ways to a divorce, but neither spouse can remarry at this stage without being guilty of bigamy. Finances and child custody/support are the most important decisions that should be covered in the separation papers. It is unwise to rush to an agreement during this phase since changing the terms if the separation ends in divorce can be problematic. Each spouse should also take additional steps to protect their credit and bank accounts at this time.

Fast Facts

  • 43% of first marriages end in divorce or separation within 15 years.
  • In a 1993 study, 10% of married couples were found to have reconciled after a period of separation.
  • Cohabiting couples are more than twice as likely to separate after 5 years than are married couples.

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