How To File For Marriage Separation Agreement?

Posted by Carl Glendon on October 16th, 2019

Before a couple files for divorce, it is often a requirement to file for separation – which can be used as precedence. It is essential for couples to understand completely that legal marriage separation - which happens to be a legally binding agreement – is as important as divorce. Know about some of the important steps in filing for marriage separation agreement.

Satisfy your state’s residency requirements

This is the first step in filing for separation. Residency requirements of state are used for legal separation as well as divorce. Know about the divorce laws of your locality to know about your state's residency requirements.

File a petition

Next, you have to a file a petition in the court for legal separation. Consult an attorney, and use online resources or get in touch with the clerk at the court for filing pro se. Make sure that every issue is covered by the agreement, which include visitation, spousal support, child support and custody etc. Also mention the duration of the separation. You can download a free marriage separation agreement form from the internet, and use it for your purpose.

Serve your spouse

Unless you are filing jointly you need to get your spouse served. There is a specific period, similar to divorce, where your spouse is permitted by law to respond to your legal separation petition. In case he or she does not agree to the provisions that your petition sets forth, your spouse can file a counter petition. Please visit this website for more info about legal separation agreement.

Notarize the agreement

In case your spouse agrees to the provisions that your petition sets forth, you need to sign as well as notarize the agreement. The clerk at the court can then enter it into the records for the judge’s approval. After the judge reviews your petition and approves it, the petition would be filed and the clerk would record it. You should then get your own copy to keep in your own records. For more information about a file for separation in Texas, please visit this website.

Author Resource:-

Carl writes often about legal drafting, rental lease agreement, marital separation agreement and help the people in such needs. You can find his thoughts at legal contracts blog. To learn more about drafting a Virginia property settlement agreement online, visit this website.