How to Get a Legal Separation

A legal separation allows you and your spouse to live apart, divide your assets and debts, and establish custody while still remaining married.

Difficulty:

Moderate

Instructions

Things You'll Need

• Legal Separation Forms

1. Contact an attorney in your area who is experienced in matrimonial law. Make an appointment with the attorney to determine what the laws are in your state and what the attorney's fees would be.

2. Search the Internet for laws in your state pertaining to legal separations if you will not be using an attorney.

3. Purchase a book that provides forms for a legal separation in your state. Follow the instructions carefully when completing the forms.

4. Realize that a legal separation does not end your marriage. It instead allows you to live apart and, in most states, makes a determination about custody of your children, your assets, and your debts so that you can live completely separately from your spouse.

5. Understand that in some states you can convert a separation into a divorce by following a certain procedure.

6. See a mediator to help you work out the terms of your separation agreement. It is much easier to live with an agreement you have made together than with one ordered by a judge who does not know you well.

7. Know that a separation is not permanent and can be ended, unlike a divorce.

8. Feel free to separate from your spouse without a legal separation. The legal separation deals with dividing your things and sorting out custody. You do not need anyone's permission to physically separate.

Tips & Warnings

• Consider carefully whether you really just want a divorce. In most states, this is quicker and cheaper than separating first and divorcing later.

• If you attempt to legalize your separation on your own, be sure that you understand the laws in your state and that you are using forms accepted by your courts; otherwise, your separation may not be granted.