Legal Separation


#1

I’m thinking about separating from my husband. We have only been married a little over a year and have a 6 month old. I’m not really worried about custody issues, and we have no assets except for some pretty cheap furniture. We rent a house now, so the lease is up in a few months, and I’m thinking about getting an apartment with the baby. I don’t even want child support at this time because I make almost double what he does, and he’ll need his money in order to live on his own. So, what I’m wondering is, is there any reason to file a legal separation agreement. We don’t have the savings to pay any legal fees right now because we spent it all when he was on unemployement (he was laid off for a few months) and while I was on unpaid maternity leave. The simplest route is what I’m looking for. This may or may not lead to divorce. I’m hoping it’s a wake up call, but part of me think that the hope is useless. I want to leave now while my baby is young so she won’t remember it. I believe we’re heading to divorce ultimately, so might as well do it now while it’s not too messy of a split. Is there anything I need to do to protect myself? Any rules I have to follow while legally separated so that it stays valid (i.e. not dating, no overnight visits, etc)?


#2

Separation Agreements are not filed, they are contracts which are used to modify spouses’ rights incident to a physical separation which is intended to be permanent. In your case, you don’t have any property to divide, but you could have a small amount of exposure for alimony.

I would suggest you have an attorney draw up a simple Separation Agreement to protect yourself from an alimony claim, and to draw up a consent order regarding custody of the child,

I would advise against dating until an Agreement on all issues is in place.