Depending on your personal situation, filing for legal separation may make sense for you and your spouse. Filing for legal separation is often done by couples who are not prepared to end their marriage due to their religious beliefs or want to try separating before actually committing to the reality of a divorce.

Are you considering filing for separation?

Find information about filing for separation at divorcemediators.com

A couple considering legal separation will need to decide on certain issues in the same way they would if they were getting a divorce.  Like divorce, legal separation is a legally binding agreement. Some issues that need to be identified when filing for separation include:

• Custody and visitation
• Temporary child support
• Alimony
• Division of assets
• Liability of debts incurred during marriage

Each spouse should have their own attorney to assist them in filing for legal separation.

Petition for legal separation

The petition for legal separation is a document used by one spouse (the petitioner) to begin the process of filing for separation. The petition for legal separation includes:

• The petitioner’s name & address
• The other spouse’s (the respondent’s) name & address
• The name(s) and age(s) of the couple’s children
• The date the couple was married
• The place the couple was married
• The date of separation

The petitioner then requests legal separation by the court and states his or her reasoning for wanting to file for separation.
Some states do not permit legal separation including:

• Texas
• Florida
• Georgia
• Mississippi
• Pennsylvania
• Delaware
• Louisiana

FAQs about filing for separation

Is filing for separation wise if we’re still uncertain about divorce?

Talk to a local attorney so you fully understand the guidelines pertaining to legal separation in your state. Your best bet if you believe your marriage can be salvaged is to see a marriage counselor.

Can I withdraw my request for legal separation if we reconcile?
If you have filed for separation but it has not been granted, you may withdraw the request and continue with your marriage.

Are assets attained after legal separation still considered marital property?
Usually assets purchased after filing for separation are not considered marital property unless you use previous marital assets to purchase this asset.

Can I date while I am legally separated?
Although you are separated, you are still considered legally married so sexual interaction with anyone except for your spouse is considered adultery. Consult with your attorney about how dating may affect your case.
While not quite the same as filing for divorce, filing for separation is about halfway there. After filing for separation you may live your life as if you were divorced, permitting you to decide if a divorce is in your best interest.

Are you considering filing for separation?

Find information about filing for separation at divorcemediators.com