Can a couple go thrugh the legak seperation process without an attorney. We both agree it’s the best step to take

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Can a couple go thrugh the legak seperation process without an attorney. We both agree it’s the best step to take

Asked on June 20, 2009 under Family Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You may choose to pursue a legal separation on your own. 

You will have to draft and file a separation agreement.  Their are self help kits for this but you will have to make sure that the whole legal separation process is in compliance with all your local laws.  Additionally, if one of you changes your mind about the separation and does not agree to it the case goes to court.  Finally, legal separations set precedence.  This means that any decisions and mistakes you make in the course of your legal separation can determine what happens with your children, home, debt, or other property in the event of a divorce. 

An experienced family law attorney can help you maximize your legal rights.  Many individuals shy away from hiring an attorney to help with a legal separation out of fear of costs.  However, many family law attorneys offer reasonable rates and a free initial consultation.  Even if you decide to go it on your own, you could at least bring the separation agreement that you draft to an attorney and have them review it;  this would cost less money yet protect your rights.


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