How to Write Your Own Legal Separation

Research your state's laws before preparing your own legal separation documents.

Each state has its own requirements for what constitutes a valid separation agreement, so before you begin to prepare your down documents, research the laws of your jurisdiction. The court clerk and legal-aid office can provide you with free resources to get you started. Since separation agreements can affect your property rights and financial obligations, contact an attorney if you are unsure about what to include in your agreement, cannot reach an agreement with your spouse or do not understand any part of the legal separation process.

Instructions

1. Negotiate with your spouse. Before you begin to draft a separation agreement, try to reach an agreement with your spouse on all the major issues you need to cover. Create an outline together, if possible.

2. Provide basic information on you and your spouse. Begin your separation agreement by listing you and your spouse's full names, current addresses, dates of birth and your date of marriage. If you are already separated, list the date that either party moved out of your marital residence.

3. Include information on your assets and property. In your separation agreement, outline details of your marital property and assets, listing specific figures and detailing what spouse will take in the separation.

4. Discuss how you plan to handle joint debts. In the same manner that you listed your marital property, discuss your joint debts, including your mortgage, auto loans and credit cards. Detail which spouse plans to handle each debt pending the divorce.

5. Outline your child custody and visitation agreement. If you and your spouse have children, list their names and dates of birth and discuss how you plan to handle visitation and custody. Also discuss how each spouse plans to contribute to the children's expenses.

6. Ask your spouse to review the agreement. After you have prepared the agreement, present it to your spouse and make sure that he agrees with the terms.

7. Sign and date the agreement. Once you and your spouse are both satisfied with the contents of the document, both of you should sign and date it in the presence of a notary public.

Tips & Warnings

• Some states require that you submit your separation agreement to the court for approval.

• If you and your spouse cannot reach a voluntary agreement, consider working with a neutral third-party divorce mediator.

• Never try to coerce or bribe your spouse into signing a separation agreement.

References

• Divorce Magazine: Crafting a Separation Agreement
• "The Divorce Mediation Answer Book"; Carol A. Butler; 1999