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Cathy Meyer

What Do You Do Now That You Have Decided To Legally Separate?

By , About.com GuideSeptember 2, 2009

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Now that you’ve decided to legally separate from your spouse you need to take the first step. Before doing anything make sure you fully understand that a legal separation is a binding, legal contract that is just as important as a divorce.

Also, anything you agree to in a legal separation agreement can set a precedence. In other words, if you agree to your wife living in the marital home and you continuing to make the mortgage payments a judge may order you to continue doing so after a divorce. DO NOT agree to anything in a legal separation agreement that you would not agree to if you were negotiating a divorce settlement.

How to File For a Legal Separation:

1. First you must meet your state’s residency requirements. Residency requirements are the same for legal separation and divorce. To find out your state’s residency requirements check your state’s divorce laws.

2. If residency requirements are met you will then file a legal separation petition with the court. You may do this by contacting an...read more about filing for a legal separation

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