How to Apply for Legal Separation From a Spouse

If you are considering divorce, legal separation will allow you to divide property, assign child custody and establish support orders without formally ending your marriage. Legal separation is an alternative for those who have religious or personal beliefs against divorce, haven't met residency requirements, or wish to consider reconciliation without the finality of divorce. To apply for legal separation from a spouse, you need to ensure your state recognizes separations, obtain and complete the necessary forms, file the completed forms and documents with your local court and serve a copy to your spouse.

Things You'll Need

• Internet access
• Printer
• Financial documents, titles and deeds
• Birth and marriage certificates
• Notary public
• Filing fee

Instructions

1. Check the laws in your state to ensure legal separation is recognized. Most states accept legal separation, with different requirements as to residency and filing procedures. Click on the link in the Resources section for a list of divorce laws in your state.

2. Attempt to reach agreement with your spouse. Separation agreements are legally binding documents regarding property division, finances, child custody and support. Couples who file agreements have greater decision-making capabilities and typically require minimal court involvement.

3. Obtain legal separation forms. Many states have online self-help websites for those who wish to handle their case "pro per" (without an attorney); you can fill out forms online or print out blank forms. If your state does not have online forms, contact your local court for the nearest law library or Legal Aid office. Law librarians and Legal Aid employees are a valuable source of free or low-cost legal assistance. Click on the link in the Resources section to find your local court.

4. Fill out separation forms using financial documents (i.e., pay stubs and tax records), titles, deeds and birth or marriage certificates. Be sure to list all property, assets and liabilities; indicate your wishes as to custody or support, if applicable.

5. Sign your completed forms in front of a notary (if required). Notary fees vary, but many banks will provide free notary services for customers. Bring a picture ID and all forms to the notary's office.

6. File completed forms with your local court. Filing fees vary; check your court's website for current amounts and acceptable types of payment.

7. Serve a copy of filed forms on your spouse. Some states allow service of copies by mail, while others require personal service. Contact your local court for guidelines and a list of local process servers or law enforcement locations.

Tips & Warnings

• Be sure to read all form instructions carefully. Mistakes can lead to case dismissal.

• Make copies of notarized forms before going to your local court for filing. Court copying fees are usually very expensive.

• If you cannot afford filing fees, check with your local court for waivers. Many courts offer deferral programs (paying fees later) or total waivers (paying no fees). Because these programs are income-based, proof of income is required.

• Do not submit completed forms if you are unsure of their accuracy. If you have questions or concerns about your forms, contact your local court, law library or Legal Aid office for assistance.

• Do not falsify information on court forms. This can lead to case dismissal, fines or imprisonment.

References

• MyFamilyLaw.com "Separation Agreements" article

Resources

• MyFamilyLaw.com "Divorce Laws in All 50 States"
• National Center for State Courts "Browse by State" links to state courts