A Guide to Filing for a Legal Separation

Divorces can be stressful. Due to this reason, most couples are now choosing the alternative.  This guide applies to couples in the USA.

Most people have heard stories about divorce, and they want to avoid such experiences. Divorces can result in heavy costs, stress, and conflict regarding children which can potentially ruin their future. This is why many people choose to opt for legal separation. Before you proceed with this option, be aware that legal separation is also pretty significant just like divorce. The only difference is that the rights stay intact.

It should be noted that everything that you agree to within this process can be reflected when filing for a divorce. For example, if you go for a legal divorce and pay for the mortgage, a judge can compel you to do so even after the divorce, only if you agree to let your partner live with you maritally.

So, if you are prepared to go for a legal separation but don’t know how to do it right, here is a guide to help you out. Please keep in mind some parts of the procedure vary from country to country. However, the ones we are mentioning here can be applied almost everywhere.

Before we begin, let’s look at what legal separation is.

Legal Separation

So, what is a legal separation? Legal separation is a scheme that does not end the marriage but permits the partners to live with the legally written child, financial, domestic, and other contracts separately.

Whatever the reason for legal separation, most countries have many requirements and processes before allowing the couple to live separate lives. To get a legal separation in the majority of countries, you must undertake a divorce-like process involving the same problems like custody of children and visiting them, providing all the necessities, and distributing marital properties and liabilities.

Here are the ways you can file for a legal separation.

Discuss the Various Options For a Stress-free Separation

Before you explore your dispute resolution choices, a little individual reading and investigation can help make the process smooth. Get acquainted with mediation and cooperative law and explore the possibilities so that you can find the pros and cons of this method. Discuss whether the alternative is appropriate given your problems’ intricacy and the current condition of your communication skills.

You may find that one individual has no preference while the other person chooses a particular process option. Initial agreement on the method may or may not be tough. Take the more approachable way and select a process with which you can continue living with as a test run. You can then choose the right professionals to help you with it. The processes are voluntary so if things don’t work for you, you can choose to end the initial process of the agreement.

Confirm Your State’s Residency Requirements

You have to fulfill the residence criteria of your state first. For legal separation and divorce, residency requirements are the same. Check your state’s divorce legislation to learn about your country’s criteria for residence.

If you are not registered in Georgia for your domestic partnership, one of you must live in the country to file for legal separation.

Document Separation Papers

You start to consult and document with the local family court for legal separation and ask for separation and propose the conditions for it. Your proposal can vary depending on the things you wish to pursue here. For now, let’s assume your proposal will consist of child custody, support, paying debts, dividing and property management, etc.

Move to File Legal Separation Agreement

You will also file your legal separation agreement within your petition to separate. Make sure this agreement covers all matters, including custody of the child, support for the child, visitation, marital support, the distribution of marital assets, who will pay what, and what kind of debts, and rules within dating to avoid adultery. Make sure that this agreement covers all matters that you wish to pursue concerning child custody, property values, and debts.

Settle Unresolved Issues

A legal separation cannot be processed in the absence of the clause in the petition. This entire process can be successful with the cooperation of both spouses. You have to go before a judge to solve the problems you could not agree on. If you fail to agree even with a judge, try doing it with mediation or collaborative law. Failure to agree can result in legal separation as difficult as a divorce. So you must talk things through before filing.

Sign and Notarize the Agreement

If your husband agrees to the petition, all you need are signatures from the two spouses. Note the agreement so that the court clerk can submit it to the court for the judge’s permission. However, you should know that whatever you do before the Court concludes, the separation can affect some outcomes, particularly for personal belongings or custody. According to David Reischer, LegalAdvice Family Law Provincial & CEO. For instance, “A judge may consider a person who leaves his house to be abandoned. It could construe the one who moved out of the residence as leaving the relationship and forfeiting ownership rights and company.”

Organize Your Records and Execute the Agreement

The judge will file with the court clerk and record it after reviewing and signing your legal separation agreement. You will want to make sure that you preserve a copy of your records and follow the instructions laid down in the separation agreement after recording with the Court.

In general, as laws differ from state to state, always check with a lawyer to ensure that you take the right actions to protect yourself legally.

The Aftereffect: Treat Your Partner with Proper Respect

After the legal separation, don’t lose contact completely as you both are still parents to your kid, and it is important for the both of you to be there for them. Be kind. Don’t ignore their calls, answer emails, text messages, etc. Don’t backbite about your partner and ruin their image. Communicate important details with your partner. This is crucial. Provide the documents within time. Don’t treat your partner like an enemy and try to conclude your thoughts in peace.

Demonstrate that you can be trusted and that you do not want to participate in a race to the bottom in terms of your behavior. These are the fundamentals of every healthy partnership, yet they are usually forgotten or ignored during a divorce.

You will have to continue to work together on the resolution of all of the issues arising out of the breakdown of your relationship, and if you have children, you will have to continue to work together and co-exist as parents for years to come (including attending birthday parties, graduations, weddings, and so forth). It can be helpful to consider how you’d like to see your relationship years down the road – for example, you probably don’t want your children to have to worry about how to plan a wedding with both of you in attendance. Avoid doing something now, in the heat of the moment, that will result in years of stress and misery.

Overview

Following all these steps, you and your partner can have a proper legal separation. Try to check all the requirements, go through divorce laws in 2021, talk things through and be in touch through the entire process. With proper communication and lawyers in touch, the process of separation will be easier than a divorce. You and your partner are individuals so make sure to respect each other’s opinions and views without slandering them, and if you have kids, make sure to be there for them through times.