Marriage is one of the most widely performed legal procedures in the United States, with the Center for Disease Control and Prevention showing an estimated 2,162,000 marriages performed through the nation in 2008 alone. Unfortunately, marriage does not always work out, leaving many couple looking at options such as divorce. When couples are unable to divorce due to religious or cultural reasons, or when couples need some time apart before making a final marriage decision, legal separation can become an option. Legal separation is a temporary split of a marriage that allows many of the financial and insurance benefits of marriage to remain, without having to live together.
Get Help
If you are separating as a way to determine whether you want the marriage to continue, one step you should including in the legal separation process is seeking out marriage counseling. A marriage counselor provides an outside view of your relationship and can give you the ability and tools to find out whether your marriage is worth saving, or whether a total separation is needed.
Gather Documentation
When preparing for a legal separation, one of the first things you should do is gather up all of your important financial documents. These documents should include recent bank statements, tax returns, investment statements and any other pertinent financial documents that can be used to determine things such as spousal support.
Hire an Attorney or Mediator
Although legal separations require less action than a full divorce, the process and paperwork can still be confusing. Hiring an attorney who specializes in family law can help you navigate the separation process, as well as be your voice in separation proceedings. If you are comfortable with the filing process, but still need someone to help mediate the details of the separation, you can also hire a mediator to help simplify the process further.
File a Petition
The next step in the separation is filing a petition and accompanying paperwork with your local administrative office for the court. If both parties have already agreed on the separation and both have signed the petition you will only need to wait until your separation hearing. If only one party is available to sign the petition, a copy and a summons must be officially served to the other spouse. When filing your paperwork, be aware that there will be a fee to file your paperwork that can vary in cost by the county you reside in.
The next step in the separation is filing a petition and accompanying paperwork with your local administrative office for the court. If both parties have already agreed on the separation and both have signed the petition you will only need to wait until your separation hearing. If only one party is available to sign the petition, a copy and a summons must be officially served to the other spouse. When filing your paperwork, be aware that there will be a fee to file your paperwork that can vary in cost by the county you reside in.
Discuss the Terms
On the date of your separation hearing, you will most likely be required to bring along several other supporting documents laying out plans for issues such as child custody, child support, division of property and debt, and spousal support. These are terms that you must discuss before the final hearing. Each state can vary on the process and what forms you need to complete in order to be prepared for the hearing. Your attorney can be a valuable resource in this process, or some counties in some states may provide a printed "do-it-yourself" separation guideline at your request.
On the date of your separation hearing, you will most likely be required to bring along several other supporting documents laying out plans for issues such as child custody, child support, division of property and debt, and spousal support. These are terms that you must discuss before the final hearing. Each state can vary on the process and what forms you need to complete in order to be prepared for the hearing. Your attorney can be a valuable resource in this process, or some counties in some states may provide a printed "do-it-yourself" separation guideline at your request.
Make a Decision
After six months--more or less, depending on your state--either couple can convert the legal separation into a full divorce. Since all of the issues that would have been worked out during a divorce proceeding have already been figured out during the legal separation process, the same deals and arrangements for aspects such as custody or support will usually transfer over to the divorce.
After six months--more or less, depending on your state--either couple can convert the legal separation into a full divorce. Since all of the issues that would have been worked out during a divorce proceeding have already been figured out during the legal separation process, the same deals and arrangements for aspects such as custody or support will usually transfer over to the divorce.
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