How to File for Separation

You can file for legal separation if you and your spouse know that you no longer want to live together but are not ready to file for a divorce. When you file for separation, you are setting legal boundaries for a separation. A legal separation is a legal agreement, and should be treated as seriously as divorce proceedings.

Instructions

    • 1

      Meet the requirements of residency for your state. In order to file for separation in a state, you must be able to establish that you already live inside that state.

    • 2

      Decide on the terms of your legal separation. When you file for separation you must decide many of the things that would ordinarily be decided in divorce proceedings, including custody of children, distribution of assets and who will retain possession of the home.

    • 3

      Agree of the terms of the legal separation. This may be harder than you think. Although you have been married for a long time, you may find that now that you decided to file for separation, there are many disagreements that are suddenly appearing.

    • 4

      Sign the legal separation agreement with your spouse.

    • 5

      Contact a lawyer. A divorce lawyer will probably be able to help you with your legal separation proceedings. While divorce lawyers may specialize in divorce, they are usually competent at dealing with legal separations. When you file for a legal separation, you will want someone on your side who is familiar with how to file for separation.

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