How to Legally Separate
- 1). Know your options. If you simply want to move out for a month or two to take stock of the relationship, no paperwork is necessary, although your legal rights may be affected if you are not living with your spouse. A legal separation requires filing a petition with a court and is a similar process, although the two are not interchangeable. These agreements include child custody issues, alimony, joint property and more.
- 2). Find out what your state requires to legally separate and what the ramifications will be. The legal process may also depend on whether the couple has joint property, debt or children at home. There also are residency requirements for each state. Delaware, Florida, Georgia, Louisiana, Mississippi, Pennsylvania and Texas are the only states that do not recognize legal separation documents.
- 3). Draw up the paperwork. You may have a lawyer do it, although many options are available online. Often this is the first phase of a divorce while drawing up the agreement and consider the same issues you would in a divorce.
Having a lawyer review the separation agreement is wise, as in the event of a divorce the judge may rely on the separation agreement. - 4). File the paperwork with the appropriate court, which includes serving the other party with the petition. If both parties agree to the separation agreement, both need their notarized signatures on the agreement, and the court approves it. If one party doesn't agree, he must file a counter-petition. Disagreements are usually discussed with a mediator, but a judge can resolve the issues if necessary.
- 5). Remove your name from property leases, utilities and any other accounts you will no longer be using.
- 6). Make copies of all tax records for the last six years. Also write down addresses, contact information and account information for all of your accounts, insurance policies and other financial records. Take note of items in safe deposit boxes.
- 7). Freeze all joint credit accounts. Both of you remain responsible for debt regardless of your current marital status.