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.

Close
X
Playback

Up next in How to Find Public Records & Legal Documents (20 videos)

Learn how to access important documents with these videos.

You Will Need

  • Internet access
  • Required paperwork
  • Law officers
  • Notary public
  • Do-it-yourself legal kit (optional)
  • Lawyer (optional)

Steps

  1. Step 1

    Meet residency requirements

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

  2. 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.

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

  4. 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.

  5. 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.

  6. Step 4

    Serve papers

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

  7. 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.

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

Comments