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 14 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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