Legal separation is the solution when you’re neither married nor divorced. If one of you have already moved out, please consider making it legal to protect yourself concerning child custody and support, taxes, and any new debts that might be incurred. It can also help form a basis for negotiating your eventual divorce settlement. All states except Delaware, Florida, Georgia, Louisiana, Mississippi, Pennsylvania, and Texas recognize legal documentation of separation.
When you consider separating from your spouse, ask what the legal ramifications are in your state, and have your lawyer draw up the separation agreement to best protect you. If you feel up to it, you can also fill out your own separation papers and file them yourself. Here is a site that you can look up legal separation agreements for your individual state.
When you are considering moving out during this period, realize that this might set a precedent for what is awarded in the divorce. If you own a home, it is best not to give up your rights before divorce papers are drawn up. Try to spell out who will be awarded the home in your separation agreement. If you are renting and choose to move out, this is only relevant if children are involved.
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For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/