In some (but not all) states, you can legally separate from your spouse by filing a petition (request) in family court. Being legally separated is legally different from being divorced or married—youre no longer married, but youre not divorced either, so you cant marry anyone else.

How does a married couple legally separate?

A couple can become legally separated without having to go through a lawyer or submitting any paperwork to the court. In a Separation Agreement, living apart simply means that the married couple has decided to live separate lives. They may live in different homes, or they may live together in the marital home.

What does it mean when a couple is legally separated?

A legal separation is a court-ordered agreement in which a married couple lives separate lives, usually by living apart. The separation court order may specify financial obligations, child custody and visitation agreements, and child support.

How do you legally become separated?

Separation generally means living apart from each other. It can be unilaterally initiated by either spouse, or mutually decided. To prove that your marriage has irretrievably broken down, in order to obtain a divorce, you must have been separated for at least 12 months.

What rights do I have when separating?

The right to stay in your home unless a court order excludes it. The right to ask the court to enable you to return to your home (if you have moved out) The right to know of any repossession action taken out by your mortgage lender. The right to join any mortgage possession proceedings taken out by your lender.