Does my husband have to sign a separation agreement for it to be legal?

UPDATED: Aug 21, 2011

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Does my husband have to sign a separation agreement for it to be legal?

I have been married for 3 years with 2 kids. I am no longer in love with him and I want out of my marriage. He has told me that he will fight me tooth and nail to gain custody of the kids, I just want joint custody, I don’t want to fight him on this. Can I get a legal separation based on those grounds?

Asked on August 21, 2011 Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you wish to file for legal separation form your husband and potentially a dissolution, you do not have to sign a written agreement for it to be legal. Rather, all states in their superior court have a process where a person wishing to be separated from his or her spouse files a petition in the superior court of the county where you reside seeking a legal separation.

To start the process, you would file a petition for a legal separation and have it served upon your husband. He is required to file a response within a certain period of time.

From what you have written, you can obtain a legal separation from your spouse on the grounds stated in your question.

Good luck.

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 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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