A legal separation agreement is a contract between spouses who are married but want to live apart. The agreement outlines the couple’s rights and responsibilities while they are living apart and can address issues such as child custody, visitation, child support, alimony, division of property, and debt repayment.
A legal separation agreement can be a useful tool for couples who want to take a trial separation or “time out” from their marriage without getting divorced. The agreement can provide structure and clarity during the separation period and can help prevent misunderstandings that could lead to litigation.
What should be included in a legal separation agreement?
A legal separation agreement should address all of the same issues that are addressed in a divorce: child custody and visitation, child support, spousal support (alimony), division of assets and debts, and any other issues that are important to the couple.
It is important to note that a legal separation does not end the marriage—the couple is still married and neither spouse can remarry unless they get divorced.
A legal separation agreement should also include a provision stating that it does not prejudice either spouse’s right to seek a divorce in the future.
How is a legal separation agreement different from a divorce decree?
A divorce decree is a court order that ends a marriage. A divorce decree includes all of the same provisions as a legal separation agreement, but also includes an order from the court dissolving (ending) the marriage. In contrast, a legal separation agreement does not dissolve the marriage—the couple remains married.
How do I get a legal separation?
In order to get a legal separation, one spouse must file a petition with the court asking for a legal separating. The petition must be served on the other spouse, who then has 20 days to respond. If there are minor children involved, both spouses must also complete and file financial disclosure forms with the court. Once all of the necessary paperwork has been filed with the court, the judge will review it and decide whether or not to grant the legal separation.
What if my spouse doesn’t want a legal separation?
If your spouse doesn’t want a legal separation but you do, you can still go ahead with filing for one. However, your spouse will need to be served with notice of your petition for legal separation and given an opportunity to respond. If your spouse doesn’t respond within 20 days, you may be able proceed with your case without him or her being involved. However, if there are contested issues—such as child custody or visitation—it may be necessary to have your spouse participate in order for those issues to be resolved by the court.
A legal separation agreement is a contract between spouses who are married but want to live apart. The agreement outlines the couple’s rights and responsibilities while they are living apart and can address issues such as child custody, visitation, child support, alimony, division of property, and debt repayment.
While drafting your own legal separation agreement might seem like a daunting task at first glance, it’s actually not as complicated as it might seem—especially if you have all of the necessary information at your fingertips before you begin drafting the document itself.
