How to File a Separation Agreement
A separation agreement is an agreement between two married individuals in order to begin separate lives. Some couples utilize this option as an alternative to divorce to ensure that the marriage is truly over before they become divorce. This agreement allows the ability to live away from each other for a predetermined amount of time.
- Hire a divorce attorney. Even though you are not getting a divorce these are the attorneys who also handle separation agreements. Search MerchantCircle for divorce attorneys in your local area. Type "divorce attorneys" into the search box at the far left and type your city and state into the search box at the far right after "IN." Hit ENTER. Browse through the search results to determine which divorce attorney is right for your case.
- Schedule a consultation with your selected divorce attorney. Discuss with this attorney the terms in which you and your spouse have agreed upon for this separation agreement. If your spouse has refused to discuss terms with you then inform your attorney what terms you wish to include. These terms could include terms similar to a divorce and include child custody and property ownership assignment.
- Sign the separation agreement that was prepared by your attorney. This process is similar to that of divorce proceedings. If your spouse is agreeing to the legal separation and its terms he or she could visit your attorney's office to sign this agreement and it is then submitted to the court of the county in which you live. Or if your spouse is refusing to sign your attorney will submit this agreement to your spouse and/or the attorney representing your spouse for him or her to sign. If your spouse refuses to sign he or she has a predetermined amount of time to negotiate these terms through his or her attorney. If he or she does not respond your attorney will file a motion for a hearing with the judge in order to have this separation agreement finalized.