How To File for Legal Separation

Whereas no one wants to believe it could happen to them, the reality is not all marriages are going to work out. According to the CDC, the divorce rate in the US is 2.4 for every 1,000 married couple. If you and your spouse have come to the realization that your relationship is irrecoverable, you have a couple of options to go your separate ways. Filing for divorce is usually the most typical way; however, some couples decide to go the path of legal separation as an option, especially if they think there’s a possibility that they could reconcile in the future.

Legal Separation

A legal separation is an enforceable, legal agreement that is just as vital as a divorce, however the only difference is that, on paper, your marriage (and the legal rights coming with it) remain unchanged. Simply put, similar to a divorce, there is going to be a division of living conditions, finances, and child custody; dissimilar to a divorce, however, the marriage has not been legally dissolved. If the two of you do decide to get back together, this is a lot simpler process. It additionally means you may be able to benefit from some of the advantages of marriage while living separately, such as filing taxes jointly or staying on one partner’s health insurance plan.

It’s essential to remember that when you file for legal separation, no matter what you agree upon can set precedent should you eventually decide to divorce down the road. For instance, if you agree to allow your partner to live in the marital home and you continue making mortgage payments, a judge could order you to keep doing so following a divorce. Pursuing legal consultation prior to signing anything is vital.

If you have decided that legal separation is the right way to move forward for you and your spouse, you are going to want to be sure you are following all the required steps to guarantee it is, in fact, legal. Here, we detail the 7 steps to file for legal separation, but since laws differ by state, utilize this as a guide to begin. After you have become familiar with the process and steps, make sure to check with an attorney to be sure you are doing everything required to safeguard yourself from a legal point of view.

Step 1: Verify Your State’s Residency Requirements

First, you are required to fulfill your state’s residency requirements. These requirements are the same for a legal separation and divorces. For learning about your state’s residency requirements, verify your state’s divorce laws. For instance, in California, married couples can file for legal separation when at least one of them resides in the state. Similarly, in cases of domestic partnerships, provided that the domestic partnership was registered in California, both parties may file for legal separation even when they don’t live in the state. If your domestic partnership is not registered in California, one of you is required to live in the state with the purpose of filing for legal separation.

Step 2: File for Separation Petition

When residency requirements are fulfilled, you are going to then file a legal separation request with the court. You can carry this out by getting a hold of an attorney, utilizing online resources (like the website of your state government), or contacting your clerk of the court and filing by yourself, otherwise referred to as pro se. Don’t forget that a fee is required for filing your legal separation documents.

If you fulfill the state’s residency requirements, file for legal separation in the county in which you live.

Step 3: File for Legal Separation Agreement

In addition to your request for a legal separation, you are going to file your legal separation agreement. Be sure the agreement covers every issue like child custody, spousal and/ or child support, visitation, how marital assets (such as a home or any vehicles you bought together) could be distributed, who is going to live where, who is going to pay which liabilities, any guidelines and rules related to dating other people; which could be deemed infidelity in some states.

Step 4: Have Your Spouse Served with the Separation Agreement

When you and your spouse aren’t filing for legal separation together, you are required to have someone serve your spouse after you have filed your request for legal separation. As in the case of divorce, your spouse is going to have a certain amount of time (usually thirty days) in which in response to your petition for a legal separation.

Step 5: Settle Unresolved Matters

If your spouse is not in agreement with the stipulation set forth in the petition, they have the right for filing a counter-petition. If this is carried out and you can’t come to an agreement through mediation or utilizing collaborative law, you are going to have to go in front of a judge to settle the matters you were not able to agree on. In many cases, a legal separation can be as complex as getting a divorce.

Step 6: Sign and Notarize the Agreement

If your spouse is in agreement with the stipulations in the petition, all you are required to do is for both spouses to sign and have the agreement notarized in order for the court clerk to enter it into the court records for a judge’s approval. Don’t forget, nevertheless, that anything you do prior to the court signing off on the separation agreement may impact certain outcomes, specifically as it applies to personal items or custody. A judge might deem a person that moves out of the home as having thrown in the towel. The court could view this as the person that moved out of the home as relinquishing the relationship and surrendering rights for claiming ownership or custody in the future.

Step 7: Organize Your Records and Have the Agreement Executed

After a judge has gone over and signed off your legal separation agreement, it is going to be filed and documented with the clerk of the court. Following it being documented with the court you are going to want to make sure you keep a copy for your own records and adhere to the guidelines set out in the legal separation agreement.

Source:

1. “How To File for Legal Separation” Retrieved on September 16, 2025, from https://www.brides.com/how-to-file-for-a-legal-separation-in-7-steps-1102455

Putting An Estate Plan In Place

Life is full of changes and unexpected events. Ogborne Law estate planning puts protection in place for your family and your assets. In a perfect world, estate planning would be completed before and as part of marital and divorce planning. Also, estate planning would be changed following every child’s birth and kept up-to-date throughout your life.

It’s never too late to safeguard the people and the property you value.