How to File Your Legal Separation Papers

A legal separation can be just steps away from divorce.

Marriage is a difficult process. Unfortunately, many marriages end in disaster. It can be overwhelming when exploring options on how to dissolve a legal relationship. In addition, some U.S. states require a legal separation be in effect prior to divorce proceedings. On the other hand, several states don't recognize a legal separation. (These states are Delaware, Florida, Georgia, Louisiana, Mississippi, Pennsylvania, and Texas.) Knowing what to do and how to do it is the first step in moving on with your life.

Things You'll Need

• Separation agreement
• Notary

Instructions

Start the Separation

1. Contact the county clerk in the county of your residence. Let the clerk know that you need a legal separation petition.

2. Fill out the separation petition. All information must be accurate. This should be taken as seriously as a divorce.

3. Return the filled out paperwork to the clerk's office. The paperwork will be date stamped and prepared for service. There will probably be a slight fee for this.

4. Wait for the defendant to be served. A sheriff or constable will deliver the court documents to the defending spouse.

5. Sign the finalized documents. Once both parties agree on all aspects of the separation, signatures should be placed on the documents.

6. File the final, agreed-upon decree with the county clerk. This document now becomes legally binding, and is very simple to turn into a divorce.

Tips & Warnings

• Some states consider a separation as a precursor to divorce and will even grant divorces on legal separation paperwork.

• Seek legal counsel if your spouse is dangerous, unlawful, or untrustworthy.

• If there are children involved in the separation, custody and child support and visitation will all be addressed in the separation documents.

References

• Woman's Divorce: How to File for Legal Separation