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Legal separation occurs when a married couple becomes formally, legally separated. Legal separation can occur instead of divorce or can be a temporary situation before a divorce occurs.
Your first step is to hire an attorney and file a legal separation agreement with the court, but there are six additional steps after that. Here, we outline all.
When you separate from your spouse, the best way is to prepare – emotionally and otherwise, for the separation. Keep documents ready, talk to each other openly about how and why you want to do this, and how you both can take the process further.
In some state, spouses must actually become legally separated before they can obtain a divorce. The length of time required for a legal separation is usually between 6 months to 2 years, but this varies, depending on each state's laws.
Separation. Whether you're considering temporarily taking a break from your marriage or you plan to file for divorce, the chances are that you'll experience a separation (if you haven't already) from your spouse. Couples can decide to separate on their own or formally ask the court to issue a legal separation (depending on where they live).
Learn about the different types of separation—trial, permanent, and legal separation—how they affect your legal rights, and how they're different than divorce.
Legal separation is when you stop living with your spouse and you have a legal separation agreement, or contract, that you both follow. If a spouse does not follow the agreement, family court can enforce it.
During your legal separation, you and your spouse are still legally husband and wife, which entitles you to certain protections and benefits. A legal separation is formally recognized by a court and actually changes marital obligations toward one another.
How to Legally Separate: A Step-by-Step Guide. Legal separation allows couples to live apart while maintaining a legally recognized marital status. The process of filing for legal separation can be complex and varies by state, often requiring similar steps to those in a divorce.
Many married couples separate when they are contemplating a divorce or taking a break from their relationship. Legal separation is a legal process where a couple formalizes their decision to live separate lives.