Now that you've decided to separate legally from your spouse, you must take the first step. Before doing anything, make sure you understand fully that a legal separation is a legal and binding contract which is just as important as a divorce.
Also, anything that takes in a legal separation agreement can set a precedence. In other words, if you agree to your wife living in marital home and continue to make mortgage payments a judge may request to continue to do so after the divorce. DON'T accept anything in a legal separation agreement that he would not agree with if you were negotiating a divorce settlement.
How to File a legal separation:First you need to meet requirements in your state of residence. Residence requirements are the same for the separation and divorce. To find out residence requirements in your State check divorce laws in your state. If it meets the requirements of residence you will then file a petition in separation in the Court. You can do so by contacting an attorney, using online resources or contact your Registrar and deposit if pro., together with the petition you file your legal separation agreement. Make sure that the agreement covers all issues such as child custody, child support, visitation, spousal support, what is to happen to property of the spouses, who lives where, who pays what debts, standards and guidelines related to dating and having other people around any minor children and a period of time will end the separation. If you and your spouse have the joint submission must be your spouse served once you have filed the petition for judicial separation. As with divorce, your spouse will have a certain period of time to respond to your petition for legal separation. If your spouse does not accept the provision set out in the petition has a right to a counter-petition of the file. If this is done, and you can't come to an agreement through mediation that you will have to go before a judge to resolve problems that you were unable to agree. If your spouse accepts the petition all you will need the provisions is to both spouses sign and authenticate the agreement so that the Registrar may enter into the record of the Court for approval of a judge. Once a court has reviewed and signed the agreement of legal separation is filed and on the record with the Registrar. Once it is registered at the Court of first instance that you want to be sure to keep a copy for your records.
The above is a general outline of how to file for a legal separation agreement. Because laws vary from State to State, be sure to check with a lawyer to make sure that you are taking the proper measures to protect themselves legally while a legal separation.Are directed to the separation or divorce?What you need to know SeparationWhat legal need to know about divorce