How to Become Legally Separated on Your Own

Some couples that are married and wish to live apart choose to file for a legal separation instead of a divorce. This may be for religious reasons, financial reasons, or simply because they are not sure they wish to completely sever the bonds of matrimony. If you wish to file for legal separation, you can so so without the help of an attorney in most states.

Things You'll Need

• Information about the parties and any minor children of the marriage
• Financial records
• Information regarding assets, debts and property of the marriage

Instructions

1. Locate the civil law statutes for your state. These can be found online, at a local library or at a law library. Read the sections that apply to family law. Determine whether your state gives married couples the option to file for legal separation.

2. Determine what county you will need to file in. You must have lived in the county for certain period of time in order to qualify as a resident for purposes of filing the petition. Most states require 90 to 180 days.

3. Search the county court's website for forms or for a self-help section. Many courts provide forms online for you to use when filing a petition. If you are unable to find them online, call the court itself and ask them if they have a self-help office or forms that you may use.

4. Call the court and ask them what the current filing fee is and what forms of payment they accept.

5. Complete the petition. Sign the petition. File the petition with the clerk's office either in person or via mail. Include a return envelope if sending the petition by mail.

6. Complete any additional forms required in your state that apply to your situation, such as a child support worksheet or a parenting agreement. File those with the court.

7. Attend a hearing if required by the court to settle any issues that have not been agreed upon by the parties.

Tips & Warnings

• If your local court does not have a self-help site or forms, try a website for a larger county within your state and use their forms as a starting point.

• Always consult with a licensed attorney before proceeding on your own if at all possible.

• Remember that the terms of your separation agreement are considered court orders and a violation can be considered contempt of court.

References

• Colorado State Judicial Branch:Forms