IF you or your spouse have moved out of your home, you should consider making it legal to protect your child custody and support, taxes, and new debt interests. It will also assist you in negotiating a future divorce settlement.

All states except Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas recognize legal documentation of separation.

Paperwork
If you are considering separating from your spouse, ask your lawyer what legal ramifications you may face and to draw up the separation agreement to best protect you or fill out the separation papers and file them yourself. You can look up legal separation agreements for your individual state here.

Precedence
If you are considering moving out, understand you may be setting a precedence for what is awarded in the divorce. If you own a home, it is best not to give up your rights before divorce papers are drawn up. Try to include who will be awarded the home, as well as child custody and visitation rights in your separation agreement.

Preparation

1. Take your name off the lease so you will not be held liable for anything that is past-due.
2. Take your name off the utilities (gas, electric, phone, cable, trash, paper, etc.) so you will not be held liable for anything that is past-due.
3. Forward your mail to a post office box or to a close friend or relative.
4. Make note of all address, phone numbers, and account information on mortgages, bank and credit accounts, insurance policies, pension accounts, and any other financial paperwork you will need.
5. Make copies of all tax records for the past six years and understand that State and Federal tax agencies are not parties to a separation or divorce, so you are still legally responsible for owed taxes.
6. Put a freeze on all joint credit accounts since you are legally responsible for any debt incurred.
7. List and photograph any items in safety deposit boxes and take any personal items.
8. Pack up what you need, and anything you may want later, including:
* clothing
* pictures, books, and movies,
* family heirlooms and mementos
* medicine and prescriptions
* school and medical records and address books
* furniture and appliances
* dishes, pots, utensils, food
* bedding, towels, and bath supplies
* phones, computer, office supplies
* grill, outdoor equipment, tools, recreation and sports gear

You can find more legal separation information in the following articles: