Legal Separations

Legal separation is what needs to happen if you not married or divorced. If you or your spouse has already moved out you should make it legal and protect yourself from custody, support, and liabilities for any new debts incurred. It can also serve as a model for an eventual divorce if you are still legally married. Most states except for Texas, Pennsylvania, Mississippi, Idaho, Georgia and Florida recognize the legal documents of a separation.

Getting the Legal Paperwork
If you are considering a legal separation you should find out what the legal ramifications are in the state that you reside. You can ask a lawyer to write the legal separation agreement to better protect yourself. However, it is possible to get the forms yourself, fill them out and file them with the court. This should only be done if you and your spouse are agreeable and comfortable in doing so.

Be careful of what Precedences you set
If you are thinking about moving out of your home during the legal separation, be aware that this might set a precedence of what might be awarded when a divorce. If you own a home, it would be better that you don't give up your right or claim to the home until the final divorce papers are drawn up. This also applies when children are involved in your legal separation and eventual divorce. Be careful you do not set a precedence of child abandonment while you take some time for yourself to clear your head. If children are involved, it is best to consult a lawyer and discuss your situation even if you plan do file that papers yourself.

Prepare Yourself
There are many things that you can do to prepare yourself for a legal separation. Below is a list of things you should think about and/or do.

Get your name taken off the lease. You don't want to be liable for your spouse not paying the rent.
Get your name taken off the utility bills.
Get your mail forwarded somewhere else. (PO box, friend, relative)
Write down, take, or photocopy all addresses, phone numbers, account information, mortgages, credit cards, and any financial information.
Copy all tax records of the past six years for both of you.�
Freeze all joint accounts.
Make a list of what you may have in safety deposit boxes. Take pictures of the contents.
Pack up your personal items, what you will need, and what your ex may withhold or throw out to hurt you. This might include the following:
- Clothing including shoes and out of season clothes.
- Pictures
- Books
- Family heir looms and mementos
- Medicine, and hygiene necessities
- Medical and school records
- Address books
- Furniture, appliances, dishes, pots, utensils and even some food
- Bedding, towels, bath and cleaning supplies
- Phones, computer and office supplies
- Tools, recreation and sports equipment

Rushing out on a whim and the lack of planning can come back and bite you. Stay calm, get informed, plan, and use this article as a guide or checklist before you get separated and you just might save yourself a heap of trouble down the road.

Article written by Sam
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