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)?
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.