When you no longer live under the same roof as your spouse, and at least one of you has the intent of being physically separated so you may ultimately be divorced, you are “legally separated”. You do not necessarily need to have something in writing or a document filed with the Court in order to be “legally separated.” However, it is almost always advisable to have an agreement in place evidencing your separation from one another, as well as addressing even minor issues relating to marital assets, debts, and financial obligations. Once you are “legally separated” for one year, you may file a claim to be formally divorced from your spouse.

The parties must agree to file jointly; otherwise, the parties may file “married filing separately”. It is recommended that you consult with your tax advisor before preparing your tax filings.

The short answer to this question is yes. Once your spouse leaves your home without the intent to return, you are entitled to change the locks to your “former marital residence”. If your spouse returns and tries to demand entry, he or she may be guilty of what is called “domestic trespass”. However, it is important to remember that your spouse will likely be able to return to obtain his or her personal property, clothes, etc. with the assistance of either the court and/or a third party. It is important to talk to your attorney about your individual circumstances before taking any of these actions.

A Separation Agreement is a legal contract establishing, among other things, that the parties will live separate and apart. Typically, the agreement also sets forth other legal provisions regarding future claims and rights of the parties. It is best to seek legal advice during this stage of the divorce process to make certain that your individual rights and future claims are protected.