How to Get Separation Papers
- 1). Determine whether your state offers legal separations. Most states do allow couples to file for a legal separation but not all. Find your state's divorce statutes to determine whether legal separations are allowed. State statutes can be found on county or state court websites, the local library or a law library.
- 2). Check to make sure you meet the residency requirements in your state. Most states require that you have lived in the state for anywhere from 60 days to a year before you may file in that state. Also check in which county you may file. Generally you may file in the county where your spouse lives or where you live.
- 3). Prepare a petition for legal separation. Many courts have self-help forms online or in the court office for plaintiffs to use when preparing petitions. There are also a number of fee based services online that will help you prepare the petition. At a minimum, the petition will need to include complete names and birth dates for you, your spouse and any minor children born of the marriage, the date of the marriage, date of the separation, grounds for the separation and a brief explanation of what you want the court to award you.
- 4). Prepare a summons. The summons is what will be served on your spouse along with a copy of the petition to notify him or her that you have initiated the legal separation process.
- 5). Make several copies of the petition and summons. File them with the Clerk's office and pay the required fee.
- 6). Appear at the final hearing ordered by the court. If you and your spouse have reached an agreement that settles all issues in your separation, then you may present the agreement to the judge. If you have not settled all issues, then the judge will hear testimony and review evidence and decide all contested issues. At the end, the judge will sign the legal separation decree.
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