Often couples that are contemplating divorce and would like more time to figure feelings out or are not ready to pull the trigger on a full divorce will consider a legal separation instead.
Important information to consider:
When filing for a legal separation you will be following the same process as you would for a divorce. The court fees and forms are identical. You will have to follow the same steps and time lines and will still need to have figured out how you would like to split your assets and how you would be splitting time and financial responsibility if you have children.
It is often a misconception that filing for a separation is cheaper or easier than filing for a divorce.
What are the benefits of a legal separation?
If a couple were not ready to be divorced but wanted to separate themselves from their spouse financially a separation would be a good idea. The legal separation allows the couple to lead separate lives financially while they decide if they will ultimately get divorced or reconcile.
What are the steps to filing for a separation?
If you have decided that you would like to file for a legal separation, below are your three options:
- Hire an Attorney
- Hire a Legal Document Preparer
- File the documents on your own
If you decide to hire an attorney, asking for a personal referral is always wise. If a friend or loved one can recommend someone they know or have worked with before that would be beneficial. With a recommendation you can ask questions about pricing and what to expect from some who have personal knowledge of how that particular attorney works. If you are looking for an attorney on your own you should ask for a consultation and meet with more than one attorney before you commit. Once you have chosen an attorney he/she will take care of the process for you.
If you decide to hire a legal document preparer he or she can go over the forms and instructions with you as well as explain what information is needed. The document preparer can fill out the forms, file the documents for you as well as assist with service. A document preparer will be less hands on than an attorney, however the preparer fees are significantly less expensive than attorney fees.
If you decide to file on your own you will need to download the forms and instructions from the superior court website in your county. Once completed you would need to take them down to your closest superior court location to file and pay your court fees.
If you need an attorney referral or would like to hire a legal document preparer we would love to assist you, please give us a call or book a consultation.
If you would like to review the court process and see what to expect click here.
Melissa Medina is a certified legal document preparer and independent paralegal with 17 years of experience in the field. She has been helping communities in the valley through legal issues in family law, personal injury, estate planning and more since 2020.
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