Sometimes couples find that a period of solitude from one other is exactly what they need. Here’s all you need to know about obtaining a legal separation.
What you will discover:
What exactly is a legal separation?
What If You Do Not Want to File the Agreement with the Court?
What Qualifies as a Good Separation Agreement?
Everyone wishes for their marriage to endure forever. However, occasionally couples find that a period of apart from each other is exactly what they need. To ensure that all parties understand what this implies for money, children, possessions, and other practicalities, the couple should reach an agreement and put it in writing. Naturally, if you can sort things out without employing an attorney, it will be less costly and probably more beneficial. Here’s a quick rundown of everything you need to know about obtaining a legal separation.
Table of Contents
What exactly is a legal separation?
A legal separation begins with a written agreement between a married couple outlining how the mechanics of living apart will be addressed. Finances, children, pets, domestic tasks, assets, who will live where, and who is accountable for what should all be addressed. It should also explicitly clarify what the other party cannot do, such as selling the home without consent or taking the children out of state.
Once the couple has agreed to all of the conditions of the agreement, they simply submit a request with their local court, attaching the agreement, and asking the judge to enter the agreement as a “order of the court.” When the court authorizes it, your legal status shifts from “separation” to “legal separation.” The advantage of following this step is that the agreement is then enforceable in court.
What If You Do Not Want to File the Agreement with the Court?
It is important to note that you may divorce without reaching an agreement. This strategy may be appropriate for folks who just need “time to think.” However, it is better to restrict the “trial period” to a set length, after which you proceed to the following stage. If you decide not to get back together, you are not needed to have an agreement.
If you do make an agreement, you are not compelled to present it to the court. It is conceivable to design and sign an agreement that governs both partners’ conduct, never present it to court, and live in a perpetual state of separation. However, if anything goes wrong, your agreement may not be enforced, leaving you without the legal protection you want or desire. So, although a formal separation is not needed, it is strongly advised.
What Qualifies as a Good Separation Agreement?
Many legal practitioners think that a sound separation agreement “anticipates” divorce and, as a result, should connect the couple’s expectations with where the divorce may eventually go. Legal experts would advise that it serve as the “model” for a future divorce agreement, ensuring a smooth transition if divorce becomes necessary. This implies that the separation agreement should be as close to your state’s marital dissolution regulations as feasible, to avoid a traumatic change and more emotional upheaval down the line.
You may use our online Divorce Settlement Agreement as a separation agreement by downloading it. Our form is state-specific and may be used to start a conversation with your spouse or to visit an attorney. It will function as a checklist, reminding you of everything you need to discuss.
Whether you decide to seek a formal separation or work things out, having the right tools may reduce your stress and safeguard your safety.
