When things are not going so well in a marriage, partners often begin to think about the option of a divorce.
However, some couples are not so bold or yet ready to call it quits. These couples may opt for a separation or trial period before asking for a divorce.
Some states honor a couple a legal separation. The states of Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas do not recognize a legal separation as of this time.
Other states look at a legal separation as of a time period when you are not married nor are you divorced. When one or the other partners decides to move out, a legal separation may be sought. A legal separation can only take place when the proper paperwork is put into place.
It is a good idea to make the separation legal through the court in order to protect your rights as far as child custody and possessions. This can also be a foundation for the courts if a divorce is decided upon.
Each state has different legal separation guidelines. You can look up your state’s policies and file the papers yourself or go through an attorney.
Deciding which partner will move out can also make a difference. If you own the home and move out of it you may be giving up your stakes once the divorce is filed. Therefore if possible, note in the separation paperwork who will retain rights to the home.
If you are the one moving out, there are some precautions that you need to take. If you are renting a location, have the landlord remove your name from the lease. This will free you if your partner does not pay the rent. Also take your name off of any utilities at the home.
Because this is only a touch of how to protect yourself during a legal separation, check back later for more tips.