Not every couple who parts ways wants a divorce. Some have religious reasons. Others want to keep health insurance or simply need time. A legal separation attorney helps you live apart with clear, enforceable terms while remaining legally married.
A legal separation can settle the same issues as a divorce. Property, debts, support and custody can all be decided. However, you stay married, so neither spouse can remarry.
This guide explains how legal separation works, how a mutual separation agreement differs from a court decree, and when separation makes more sense than divorce.
Legal separation vs. divorce
Both processes divide property and set support and custody. The difference is marital status. After a divorce, the marriage ends. After a legal separation, it continues.
Some couples choose separation to preserve benefits. For example, a spouse may stay on an employer health plan, depending on plan rules. Others choose it for religious beliefs or because they hope to reconcile.
Not every state offers it
Most states recognize legal separation, but a few do not. Some states use "separate maintenance" or "limited divorce" instead. Meanwhile, others treat a period of separation as a step toward divorce. Therefore, check what your state allows. A legal separation consultation clarifies your options.
Mutual separation agreements
A mutual separation agreement is a contract between spouses. It sets out who lives where, how bills are paid and how property is handled. In some states, such as North Carolina, a separation agreement is the main tool while spouses wait out the required separation period before divorce.
An agreement can be private or submitted to the court. If incorporated into a court order, it becomes enforceable like a judgment. Consequently, many couples choose that route for stronger protection.
Our Legal Separation service starts at $99. It prepares the separation agreement or petition for your state. Additionally, it covers property, debts and support in clear language.
Children during a separation
If you have children, the separation should include a parenting plan and child support. Courts apply the same best-interests standard as in divorce. Therefore, specific schedules and decision-making rules work best.
Our parenting plan service drafts a schedule both parents can follow. Furthermore, the child support calculation worksheet shows the guideline amount for your state.
Converting separation to divorce
Many separations eventually become divorces. If that happens, your separation agreement can often form the basis of the divorce settlement. As a result, the divorce can move quickly.
Some states allow a legal separation to be converted into a divorce after a period of time. Others require a new divorce filing. Either way, a well-drafted agreement saves time. Our Uncontested Divorce Documents service can build on your existing terms. For more, see our guide to the flat fee uncontested divorce.
Our Legal Separation services in the USA
Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.
Legal Separation Agreement in the USA
Separate finances, property and parenting without divorcing.
Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Legal Separation Agreement — from $99 See what's included →
Legal separation consultation in the USA
A confidential 45–60 minute phone or video consultation with a licensed US attorney about legal separation. Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Legal separation consultation — $299 See what's included →
Marital Settlement Agreement (MSA) in the USA
A marital settlement agreement recording how property, debts, support and parenting are resolved, ready to submit with your divorce.
It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Marital Settlement Agreement (MSA) — $700 See what's included →
Parenting Plan / Custody Agreement in the USA
Custody schedule, holidays, decision-making and relocation terms.
Moreover, it is usually ready in 5 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Parenting Plan / Custody Agreement — from $99 See what's included →
Child Support Calculation Worksheet in the USA
Your state's child support guideline worksheet completed from both parents' income and parenting time.
It includes prepared by our US legal team for your state, based on your questionnaire answers and documents, word and PDF, ready to sign, send or file. Moreover, it is usually ready in 2 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Child Support Calculation Worksheet — $200 See what's included →
Alimony / spousal-support consultation in the USA
A confidential 45–60 minute phone or video consultation with a licensed US attorney about alimony (spousal support). Get straight answers on your rights, options, risks and likely costs, and a clear plan for your next steps.
It includes 45–60 minute call with a licensed US attorney — phone, video or WhatsApp, upload documents beforehand so your attorney is prepared, your rights, options, risks and likely costs in plain English. Moreover, it is usually ready in 1 working day. Express delivery is also available. As a result, you can act before deadlines pass.
Order Alimony / spousal-support consultation — $299 See what's included →
Uncontested Divorce Documents in the USA
Petition, marital settlement agreement, financial disclosures and final decree paperwork for your state (court fees extra).
It includes petition / complaint for dissolution, marital settlement agreement, financial affidavits. Moreover, it is usually ready in 7 working days. Express delivery is also available. As a result, you can act before deadlines pass.
Order Uncontested Divorce Documents — from $149 See what's included →
Legal Separation services near you — every state we cover
Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.
Legal Separation help in California
We prepare legal separation documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see Legal Separation Agreement in Los Angeles, Legal Separation Agreement in San Diego, Legal Separation Agreement in San Francisco. Similarly, see Legal separation consultation in California.
Legal Separation help in Texas
We prepare legal separation documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see Legal Separation Agreement in Houston, Legal Separation Agreement in Dallas, Legal Separation Agreement in San Antonio, Legal Separation Agreement in Austin. Similarly, see Legal separation consultation in Texas.
Legal Separation help in Florida
We prepare legal separation documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see Legal Separation Agreement in Miami, Legal Separation Agreement in Orlando, Legal Separation Agreement in Tampa. Similarly, see Legal separation consultation in Florida.
Legal Separation help in New York
We prepare legal separation documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see Legal Separation Agreement in New York City, Legal Separation Agreement in Brooklyn. Similarly, see Legal separation consultation in New York.
Legal Separation help in Illinois
We prepare legal separation documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see Legal Separation Agreement in Chicago. Similarly, see Legal separation consultation in Illinois.
Legal Separation help in Georgia
We prepare legal separation documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see Legal Separation Agreement in Atlanta. Similarly, see Legal separation consultation in Georgia.
Legal Separation help in Arizona
We prepare legal separation documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see Legal Separation Agreement in Phoenix. Similarly, see Legal separation consultation in Arizona.
Legal Separation help in Pennsylvania
We prepare legal separation documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see Legal Separation Agreement in Philadelphia. Similarly, see Legal separation consultation in Pennsylvania.
Legal Separation help in Washington
We prepare legal separation documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see Legal Separation Agreement in Seattle. Similarly, see Legal separation consultation in Washington.
Legal Separation help in Colorado
We prepare legal separation documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see Legal Separation Agreement in Denver. Similarly, see Legal separation consultation in Colorado.
Legal Separation help in Massachusetts
We prepare legal separation documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see Legal Separation Agreement in Boston. Similarly, see Legal separation consultation in Massachusetts.
Legal Separation help in Nevada
We prepare legal separation documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see Legal Separation Agreement in Las Vegas. Similarly, see Legal separation consultation in Nevada.
Legal Separation help in New Jersey
We prepare legal separation documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see Legal Separation Agreement in Newark. Similarly, see Legal separation consultation in New Jersey.
Legal Separation help in North Carolina
We prepare legal separation documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see Legal Separation Agreement in Charlotte. Similarly, see Legal separation consultation in North Carolina.
We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.
Legal Separation Agreement in every state
Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming
Frequently asked questions
What is the difference between legal separation and divorce?
Both can divide property and set support and custody, but after a legal separation you remain married and cannot remarry.
Is a mutual separation agreement legally binding?
Yes, as a contract. If incorporated into a court order, it becomes enforceable like a judgment.
Can I keep my spouse on my health insurance after separation?
Sometimes. It depends on the plan's rules. Some employer plans allow coverage to continue after legal separation, while others do not.
Can a legal separation become a divorce later?
Yes. Depending on the state, it can be converted or used as the basis for a new divorce filing.
Do you prepare separation papers in every state?
Yes, for every state that recognizes legal separation or separate maintenance, and separation agreements where a separation period precedes divorce.
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Related guides
This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.