How to File Separation Papers
Legalizing your separation helps protect you from legal obligations that spouses have to each other, for example new debts accrued by the other spouse. In some states, legal separation is required before filing for an uncontested divorce. On the other hand, some states don't even recognize legal separation: Texas, Delaware, Louisiana, Florida, Georgia, Mississippi and Pennsylvania.
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Instructions
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Seek out your state's filing forms at USLegalForms.com if you want to do the filing yourself without a lawyer. See the link below for the relevant page.
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Ask your lawyer about the legal ramifications of filing separation papers. One such ramification to discuss is your moving out. If you move out, it may set a bad precedent for what is awarded in a divorce.
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Have your lawyer draw up the separation papers to protect your rights. Note that if both spouses sign the separation agreement, this is a good document in which to agree on how certain things are to be divided up in case of a divorce, such as the house and the children.
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Go to the court website of the state in which you both reside to find out where to file the separation forms and separation agreement.
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The papers will often need to be notarized before being filed. A notary public can be found at any bank.
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Tips & Warnings
Though you can file separation papers on your own, a divorce attorney can help maximize your rights.
Take other measures while also preparing separation papers: List and/or photograph contents of safety deposit boxes, freeze joint accounts, copy six years of tax records (since you're jointly liable for underpayment of taxes), record all account numbers and payment addresses, and take your name off utilities and the lease if moving out.
Specific legal advice can be given only by those who are intimately familiar with your state's regulations --- another reason to use a lawyer instead of filing by yourself.
