Categories: Separation In Marriage

Step-by-step ways to file for legal separation.

You are here because you are searching for information on how to file for legal separation. Welcome! In this post, I will show you all you need to do to succeed in your legal separation.

You may have reasons why you choose to file for legal separation instead of divorce, and I respect your opinion.

However, Whether you choose legal separation or divorce, you must know how to go about them if you want to succeed. Thankfully, I am here to help you, and in a little while, you will have every piece of information you need about how to file for legal separation.

Let’s get started.

Legal separation means that you are not living with your spouse, yet you are not divorced

What is Legal separation?

Legal separation is different from a divorce because, while a divorce ends a marriage, a legal separation does not end a marriage, and there are reasons why you may choose legal separation over divorce.

. You are not too sure you need a divorce.
. Perhaps you or your partner still wish to reconcile in the future.
. Because of religious beliefs.
. When there is a military or social benefit one of you is hoping for in the future.
. Maybe you can’t finance a divorce now.
. One of you wants to get the insurance benefit later in life.

Note that even if you decide to file for divorce or legal separation, there is an urgent need to get a separation agreement ready.

Note also that whatever you agree to when you are filing for legal separation sets precedence over what happens in the future should you get a divorce.

Now that you know the difference between legal separation and divorce, let me show you how to file for legal separation. Follow me closely.

Step-by-step ways to file for legal separation.

1) Step One: Find Out Your State’s Residency Requirements:-

The first step is to know exactly what your state residency requirements look like, because that determines whether you can file for legal separation or not.

The state residency requirement refers to the amount of time you or your partner must reside in a state before you are allowed to file for separation or divorce.

This was done to prevent a spouse from going to another state just to take advantage of the other partner or to enjoy a favorable divorce law.

Meanwhile, if you and your spouse cannot prove that you meet the residency requirements of your state, then your case may be dismissed or rejected.

So, do verify your status as regards the state’s residency requirements before going to file for legal separation.

2) Steps to File for Legal Separation Papers; Step Two.

Start Filling For Legal Separation:-

The second step to filing for a legal separation petition is to take the step at once. Now you are sure you met your state’s residency requirements, so you are qualified to file for legal separation.

To begin filling out your petition, you may want to contact a divorce attorney or see a court clerk to file for separation and to propose the terms

Make sure your petition addressed issues like child support, alimony, visitation, and how to share assets and properties as well as debt during the separation.

Steps to File For Legal Separation Step 3: Serve The Legal Separation Paper To Your Partner:

When you are filing for separation, you will decide if you are making a joint application with your spouse or alone.

The joint application can only happen if:

There was no domestic abuse.
when both of you are in agreement to have a legal separation.

And if you are filing on your own, that means:

You are not in agreement to get the legal separation.
You doubt that your partner will respond or cooperate with the notification from the court.

If you are filing alone, that means you must have your spouse serve the petition for legal separation. Your spouse has a stipulated time of 30 days given them to respond to the petition.

Steps to File For Legal Separation Step 4: Wait for Your Spouse’s Response:

Once you serve the divorce petition to your partner, your partner is expected to file an “answer.” This answer is very essential in separation because it provides an opportunity for the respondent to tell his / her own story.

It is also a way for the respondent to acknowledge receipt of the divorce petition and that they are aware of the things on the ground.

When the respondent receives the petition, he/she will see the actual date given to them to respond to the divorce petition, and normally, 20–30 days are given for the response, depending on the state.

When your spouse’s response gets back to the court, the court will then know if they agree or disagree with your petition.

Steps to File For Legal Separation Step 5: Settle Your Unresolved Issues:

Your partner has the right to file a counter-petition if he/she is not comfortable with your separation petition.

If that happens, then your next step should be to bring mediation or collaborative laws into the scene.

If things don’t work out again, then you will have to go to court to deal with those issues you couldn’t solve. This is what makes legal separation look as tedious as divorce.

Steps to File For Legal Separation Step 6: The Judge Signs Your Separation Judgment:-

This is the time to sign the agreement, but that can only be signed when the two of you have agreed to all the provisions in the petition. Once signed, the court clerk will enter the agreement into the court record for approval by the judge.

However, you should proceed with caution at this point because anything you do before the agreements are signed will have ramifications that you may not enjoy in the future.

The Legal Separation Agreement:

The Legal Separation Agreement

Let’s look at what legal separation agreements mean, a few ways to make one, and what should be included in your separation agreement.

What Is A Separation Agreement?

A separation agreement is a written document that couples sign during their legal separation. This agreement summarizes the obligations you and your partner have for each other during the separation.

Writing a separation agreement during separation gives you a degree of protection.

Though they are not legally binding, they can be compelling in court, especially when a dispute arises regarding finance and property and during the main divorce proceedings.

Importance of a Separation Agreement:

A separation agreement is important because:

. It makes for a more peaceful separation. Separation is not that easy, but the agreement gives you peace of mind because there is a mutual agreement for your separation.

. You will have ample control. If you have your agreement fully written, you know that you have control over certain decisions. At least, the court is there to decide if you can’t.

. You’ll have time for pre-divorce arrangements. Nowadays, it doesn’t take much time to get a divorce because the agreement stands as an interim means, which allows you to plan your divorce right away.

. It provides greater transparency. With the separation agreements, you are not perturbed because you are very clear about where your separation is going.

. It is the basis for your divorce settlement. If you wish to get a divorce after separation, the agreement has become the basis for your divorce settlement.

What Will Be Included in Your Separation Agreement?

If you are crafting your agreement, here are a few things you must not omit from it.

Transfer of assets: When you and your partner identify your assets, the agreement will show how the assets should be divided among you, so neither of you will feel cheated.
Spousal support: Alimony or spousal support is also included in the separation agreement. This makes it easy to know how to support the other spouse during the separation.
Child support: This is also included in the agreement in such a way that everyone feels happy and not cheated.
Custody: If children are involved in your marriage, it will be written in the agreement as to who will keep custody of the children. The way to visit the children is also added to the agreement.

In Conclusion:-

I hope you have learned how you can effectively file for legal separation from this post.

I also showed you the importance of writing a separation agreement and what to include in the agreement.

The rest is left for you to do. Remember to ask questions whenever you are confused. I hope to hear from you soon.

I am still your friend, Murphyaik, the in-house counselor.

See you at the top.

Aik

AIK UCHEGBU is a writer and an authority in anything that matters about marriage and how to build it successfully. His followers have been greatly enhanced by his findings. You will not be disappointed by coming to this site.