If you and your spouse have decided to separate but not divorce, it’s essential to understand the legal process for obtaining a legal separation. This guide will walk you through the steps to becoming legally separated, from filing the paperwork to navigating the legal system.
What is Legal Separation?
Legal separation is a legal process that allows a married couple to live apart and make decisions about their lives separately while remaining legally married. This means the couple is still married but no longer lives together or shares assets or debts.
The Difference Between Legal Separation and Divorce
The main difference between legal separation and divorce is that legal separation does not end the marriage. This means that the couple is still considered married in the eyes of the law, but they are no longer living together or sharing assets or debts.
How to Become Legally Separated
If you and your spouse have decided to become legally separated, there are several steps you’ll need to take. Here’s a comprehensive guide to the process.
Step 1: Make the Decision to Separate
The first step in becoming legally separated is to decide to separate from your spouse. This can be a difficult decision, but it’s essential to take the time to consider your options and make the best decision for your situation.
Step 2: Seek Legal Advice
Before you file for legal separation, seeking legal advice is essential. An experienced family law attorney can help you understand your options and guide you through the legal process.
Step 3: File for Legal Separation
You’ll need to file a petition for legal separation with the court to become legally separated. This document outlines the break terms, including custody arrangements, child support, and division of assets and debts.
Step 4: Serve Your Spouse
Once you’ve filed for legal separation, you must serve your spouse with the paperwork. You’ll need to have the paperwork delivered to your spouse in person or by mail.
Step 5: Negotiate the Terms of the Separation
After you’ve filed for legal separation, you’ll need to negotiate the terms of the break with your spouse. This includes custody arrangements, child support, and the division of assets and debts.
Step 6: Attend Court Hearings
If you and your spouse cannot agree on the terms of the separation, you may need to attend court hearings to resolve the issues. An experienced family law attorney can represent you in court and help you navigate the legal system.
Step 7: Finalize the Legal Separation
Once you’ve reached an agreement with your spouse or the court has decided, you’ll need to finalize the legal separation. This typically involves signing a separation agreement and filing it with the court.
Benefits of Legal Separation
There are several benefits to becoming legally separated, including:
Allows couples to live separately while remaining legally married
Provides a legal framework for custody arrangements and child support
Allows teams to continue to share health insurance and other benefits
Can give a trial period before a divorce
FAQs
Can I file for legal separation without an attorney?
Yes, you can file for legal separation without an attorney, but seeking legal advice is recommended before doing so.
How long does the legal separation process take?
The legal separation process can take several months, depending on the complexity of the case and whether or not there are any disputes.
Can I change the terms of the legal separation?
Yes, you can change the terms of the legal separation if both parties agree or if a court order is issued.
Can I remarry after a legal separation?
You cannot remarry after a legal separation as you are still legally married. If you wish to remarry, you will need to get a divorce.
What happens to property and debts during a legal separation?
Property and debts are typically divided based on the separation agreement or court order during a legal separation. This may involve selling assets, dividing bank accounts, and assigning obligations to each spouse.
Conclusion
Becoming legally separated is a significant decision for couples who wish to live apart while remaining legally married. Following the steps outlined in this guide, you can navigate the legal process and come to a resolution that works for you and your spouse. It’s essential to seek legal advice and understand your options before filing for legal separation.
References
“Legal Separation.” American Bar Association, https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/separation/.
“Legal Separation vs. Divorce.” LegalZoom, https://www.legalzoom.com/articles/legal-separation-vs-divorce-whats-the-difference.
“The Benefits of Legal Separation.” HG.org, https://www.hg.org/legal-articles/the-benefits-of-legal-separation-40202.
