Once a married couple firmly decides to split, filing for legal separation is the first step to be taken for an eventual divorce. In most cases, spouses planning to split seldom realize that the separation agreement is a serious legally binding document and therefore adequate care has to be taken while drafting it.
Legal Separation Document
A legal separation document is a legally-binding written agreement that is filed in the appropriate court that looks into the rights, obligations and other responsibilities of a married couple as they begin to live apart. The written separation agreement will have to deal with all relevant issues like division of assets, allocation of debts, custody and support of the child/children, schedules of visits, alimony payable etc. If the couple finally decides to obtain a legal divorce, the present separation agreement can form the basis for a divorce agreement.
How to File for Legal Separation
First of all, it is necessary for you to fulfill the residency requirements of your State. You can check the State divorce laws to know about your state’s residency requirements. You may thereafter file a legal separation petition in the appropriate court. It is best done through a family law attorney.
Along with the separation petition, you will have to file the comprehensive separation agreement containing all relevant details as also stating when the separation period will terminate.
In the event you are not filing the separation petition jointly with your spouse, then it is necessary to inform your partner of the fact that you have filed legal separation petition. Your spouse must be allowed a fixed period of time to respond to your notice.
If your spouse is not agreeable to any of the provision contained in the petition he/she enjoys the right to file a counter-petition. Once both the spouses reach an agreement as regards the provisions in the petition, it is then up to both of you to sign and notarize the agreement to enable the court clerk create necessary court records. Once the judge endorses your legal separation agreement, make sure you retain a copy for future reference.
Conclusion
It is necessary to know that the separation agreement is a critically important document as all the provisions contained in it will subsequently become binding on you after the divorce is granted. As such, never agree to any clause in a legal separation agreement that you may find unacceptable after divorce.
