How to Separate in a Marriage

By Beverly Bird

Divorce isn't for everyone--at least not immediately. For any number of reasons, spouses might want to live separately for a while before taking the final step to officially terminate their marriage. Depending on where you live, there may be more than one way to do this. Some states recognize legal separations, but a few don't, including Texas, Delaware, Florida, Pennsylvania, Georgia, Mississippi and Louisiana. This doesn't mean you can't separate if you live in one of these states. It just means courts in these states will not issue a judgment of separation, so you'll have to create a separation agreement instead.

If Your State Doesn't Recognize Legal Separation

Step 1

Negotiate a separation agreement with your spouse. Make sure you resolve all issues. If you have children, you'll need to address not only custody, but visitation and child support. Decide how you're going to divide both property and debts. Determine whether one of you will pay spousal support, or alimony, to the other. You should cover all the same issues you would have to address if you were divorcing instead.

Step 2

Draft your agreement in legal form. You can download a form from a legal document website or you can draft your own, incorporating everything you and your spouse agreed on.

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Step 3

Sign your agreement in front of a notary. When you and your spouse both sign, it becomes a legally binding contract and you're officially separated. There's no need to file it with family court, unless or until you eventually want to file for divorce based on the same agreement.

If Your State Does Recognize Legal Separation

Step 1

Research your state's grounds and residency requirements for filing for legal separation. These can vary from state to state.

Step 2

Access a petition for legal separation that conforms to your state's laws. Many states offer family law forms on their judicial websites. If your state doesn't, call the court or download one from a reputable online legal document provider. Just make sure that what you download or purchase is intended for use in your state.

Step 3

Complete and file your petition. Typically, petitions for legal separation are filed in family court in the county where either you or your spouse reside.

Step 4

Serve your spouse with a copy of your petition. Different states have different rules for this, but you can usually ask your county sheriff to hand-deliver your petition to your spouse for you. After you've accomplished this, the steps toward legal separation are usually much the same as those for getting divorced. At the end of the litigation, a judge will rule on issues between you and your spouse and issue a separation judgment or decree of separation.

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References

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How Many Days Apart Equals a Legal Separation?

Legal separation is not typically defined by the amount of time you and your spouse live apart. In many cases, it depends on whether an agreement or a court order is in place that governs the terms of your separation. State laws vary, and you may be legally separated when an agreement or court order exists, even if neither of you has moved out of the marital home yet.

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How Do I File for Legal Separation in Nebraska?

Only a handful of states recognize legal separation -- a separation that occurs when you receive a judgment from the court, not when you just sign a separation agreement with your spouse. Nebraska is one of these states and the procedure is virtually identical to filing for divorce. At the end of the litigation, the court will issue an order for the division of marital property, custody and support. The greatest difference is that with a judgment of separation -- as opposed to divorce -- neither you nor your spouse are free to marry again.

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