Get Separation Agreement Template

Obtain the forms for a summons and petition from the county clerk of court or from an online legal document site, if you are handling your own separation. Ask the clerk if there are other documents you need to file, such as a cover sheet or verification. Some states make these forms available online.

Why Get a Legal Separation Instead of a Divorce? Choosing between a legal separation and a divorce is often a matter of personal preference. Some people have religious or personal beliefs that do not allow divorce, so a legal separation allows them to remain married while being able to live completely separate lives.

A Legal Separation can Protect Your Interests. If you're having serious problems with your spouse, a divorce might seem like the only way to split off and protect your finances. However, a legal separation may offer the same protection as a divorce and in some cases works out better.

A legal separation, is a court order that mandates the rights and duties of a couple while they are still married, but living apart; in a divorce, the spouses are no longer married.

A legal separation occurs when a married couple makes a formal (legal) decision to live separate lives, often while considering or preparing for divorce. There are many reasons that a couple may prefer a legal separation instead of a divorce, including religious beliefs, tax issues, or other financial reasons.

The short answer is probably not. In most cases, you and your spouse can continue to live in the same home during your separation and/or pending divorce proceedings, provided you take steps to establish an in-home separation. Virginia courts generally recognize in-home separations as valid.

Many couples file for divorce or legal separation and start living as individuals again. The law allows you to immediately return to a single lifestyle with the caveat that you are still officially married. This allows you to divide property and go your own way but what if you can't afford to?

Separation simply means living apart. You do not need to file court papers to separate. The law does not require you to live with your spouse. ... To get a legal separation you must file a petition in your Superior or Family Division Court.

Separation means that you are living apart from your spouse, but you're still legally married until you get a judgment of divorce from a court (even if you already have a judgment of separation).

A legal separation can be a stopping point on the way to divorce. It allows a couple to resolve all the important issues (custody and financial issues) in their lives while keeping the marriage intact and determining what they really want. A legal separation is reversible.

The main difference between separation and divorce is that divorce ends the marriage. Spouses return to an unmarried status and are thus are allowed to remarry. Separation lets couples keep their married status while acknowledging that they are no longer living together.

In some states that recognize judicial separation, such as Connecticut, you can be legally separated within four to six months after filing your initial paperwork with the court. This process requires that you and your spouse resolve issues on your own and memorialize your terms in a signed settlement agreement.

Typically this process takes about 2-3 weeks to complete. This timeline is dependent on how much negotiation needs to take place in order to resolve all outstanding issues. However, negotiating the details of your separation outside of court is a faster, simpler, and more cost-effective means of dealing with issues.

The court can overturn a separation agreement if it was signed due to fraud, coercion, or lack of mental capacity. In most cases, however, this is a hard case to prove. PROPERTY DIVISION. The parties can also agree on a division of property in their separation agreement, and that agreement will be binding on them.

Generally speaking, the agreement will also be incorporated into the final divorce decree. ... If you include in your separation agreement a provision that states the terms can be modified upon a material change in circumstances affecting you or your ex-spouse, then you can petition the court for a modification.