How to File for a Legal Separation
When marital problems arise, a legal separation allows couples to work through their existing issues before deciding on divorce or reconciliation.
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You Will Need
- Internet access
- Required paperwork
- Law officers
- Notary public
- Do-it-yourself legal kit (optional)
- Lawyer (optional)
Steps
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Step 1
Meet residency requirements
Meet your state’s residency requirements. Laws vary from state to state, so check your state’s court website.
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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.
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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.
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Step 4
Serve papers
Arrange to have law officers serve your spouse with the separation papers.
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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.