How To File For a Legal Separation

  • March 26, 2010
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When marital problems arise, a legal separation allows couples to work through their existing issues before deciding on divorce or reconciliation.

You Will Need

  • Internet access
  • Required paperwork
  • Law officers
  • Notary public
  • Do-it-yourself legal kit (optional)
  • Lawyer (optional)
How To File For a Legal Separation: Meet residency requirements

Step 1: Meet residency requirements

Meet your state’s residency requirements. Laws vary from state to state, so check your state’s court website.

How To File For a Legal Separation: Decide legal representation

Step 2: Decide legal representation

Decide if you need to hire a lawyer or are willing and able to file the paperwork on your own.

Reasonably priced do-it-yourself legal kits are available for purchase online.

How To File For a Legal Separation: Complete paperwork

Step 3: Complete paperwork

Complete the necessary paperwork. Include provisions for the custody of children, child support and alimony payments, division of property, and current financial obligations.

A legal separation is binding in the eyes of the courts and could dictate an eventual divorce decree. Take care when filling out the paperwork.

How To File For a Legal Separation: Serve papers

Step 4: Serve papers

Arrange to have law officers serve your spouse with the separation papers.

How To File For a Legal Separation: File the paperwork

Step 5: File the paperwork

File the paperwork, with notarized signatures, if both parties are in agreement. A judge will need to decide the matter if a spouse contests any part of the petition.

The Bolsheviks pioneered the no-fault divorce after the Russian Revolution in 1917.

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