Overview
Upon reaching a juncture in your marriage where you do not feel capable of living with your spouse, but are not ready to terminate your marriage, a legal marriage separation is an option, according to the American Bar Association Section of Family Law. A legal separation provides you and your spouse many of the same benefits and protections without terminating your marriage in the process. Pursuing a legal separation requires an understanding of how you apply or file for this type of case.
Step 1
Go to the clerk of the court in the county where you and your spouse reside. Request a petition for legal marriage separation. In some locales, this document is known as a complaint for legal marriage separation. The typical court clerk maintains the standard forms required to pursue and conclude a legal separation case.
Step 2
Complete the legal marriage separation petition, following the instructions that accompany the form. The document requires basic information about you and your spouse, any children and the reason you desire a legal separation as opposed to a divorce. For example, if you believe there is a reasonable chance of reconciliation at a future date, include that information in the petition or complaint.
Step 3
Sign the legal marriage separation form. In most cases, the spouse signs the document as well, the couple jointly filing the petition or complaint. In fact, if your spouse objects to a legal separation and expresses a desire to divorce, the court will not permit the legal separation case to proceed.
Step 4
Return to the court clerk and file the petition or complaint for legal separation. The filing of the petition and the payment of the required fee completes the process to apply for a legal marriage separation
Tips and Warnings
* Pursuing a legal separation requires a fundamental understanding of applicable laws and court procedures. Although you have the right to seek a legal separation without legal representation, consider hiring a lawyer. The American Bar Association provides resources designed to assist you in finding and hiring a suitable lawyer.
* Not all states allow legal separation. The American Bar Association maintains a directory of current family law statutes from state-to-state. Additionally, the website maintained by your state legislature provides a digest of all your state's laws, including legal separation, if permissible in your jurisdiction.
Upon reaching a juncture in your marriage where you do not feel capable of living with your spouse, but are not ready to terminate your marriage, a legal marriage separation is an option, according to the American Bar Association Section of Family Law. A legal separation provides you and your spouse many of the same benefits and protections without terminating your marriage in the process. Pursuing a legal separation requires an understanding of how you apply or file for this type of case.
Step 1
Go to the clerk of the court in the county where you and your spouse reside. Request a petition for legal marriage separation. In some locales, this document is known as a complaint for legal marriage separation. The typical court clerk maintains the standard forms required to pursue and conclude a legal separation case.
Step 2
Complete the legal marriage separation petition, following the instructions that accompany the form. The document requires basic information about you and your spouse, any children and the reason you desire a legal separation as opposed to a divorce. For example, if you believe there is a reasonable chance of reconciliation at a future date, include that information in the petition or complaint.
Step 3
Sign the legal marriage separation form. In most cases, the spouse signs the document as well, the couple jointly filing the petition or complaint. In fact, if your spouse objects to a legal separation and expresses a desire to divorce, the court will not permit the legal separation case to proceed.
Step 4
Return to the court clerk and file the petition or complaint for legal separation. The filing of the petition and the payment of the required fee completes the process to apply for a legal marriage separation
Tips and Warnings
* Pursuing a legal separation requires a fundamental understanding of applicable laws and court procedures. Although you have the right to seek a legal separation without legal representation, consider hiring a lawyer. The American Bar Association provides resources designed to assist you in finding and hiring a suitable lawyer.
* Not all states allow legal separation. The American Bar Association maintains a directory of current family law statutes from state-to-state. Additionally, the website maintained by your state legislature provides a digest of all your state's laws, including legal separation, if permissible in your jurisdiction.
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