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How to get a copy of a divorce decree or certificate

A divorce decree is a court order ending a marriage. A divorce certificate is a vital document proving a divorce occurred. Learn when you can use each and how to get copies.

Divorce decrees

A divorce decree establishes specific terms of the divorce. You will need a copy of it to get legal or government help that enforces decisions about:

  • The division of a couple’s assets and debts
  • Spousal alimony or maintenance
  • Custody, visitation, and child support

How to get a copy of a divorce decree

Contact the clerk of the county or city where you got divorced. They will tell you how to order a copy, the cost, and what information you need to supply.

Divorce certificates

In addition to a court-issued divorce decree, many state vital records offices provide a divorce certificate. The divorce certificate gives both people’s names and the location and date of the divorce. It may be all you need to:

  • Change your name

How to get a copy of a divorce certificate

Contact the state vital records office where the divorce took place to learn if that state issues divorce certificates. They will tell you the cost, what information you need to supply, and how to get a copy online, by mail, or in person.

LAST UPDATED: January 29, 2024

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How to File for Legal Separation in 7 Steps

If you've decided this is the right path forward, we'll help you make sense of the process.

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Getty Images / simarik

While no one wants to think about it, it's a simple fact that not all marriages work out . If you and your spouse have decided that your relationship is irreparable, you have a few options for going your separate ways. Filing for divorce tends to be most common, but some couples choose to take the route of legal separation instead—this is a binding, legal contract that is just as important as a divorce , but the only difference is that, on paper, your marriage (and the legal rights that come along with it) remain intact. In other words, like a divorce, there will be a division of living arrangements, finances, and child custody; unlike a divorce, however, the marriage hasn't been legally dissolved.

It's important to note that when filing for legal separation, anything you agree to can set precedent should you ultimately decide to divorce later. For example, if you agree to let your partner live in the marital home and you continue to make mortgage payments, a judge may order you to continue doing so after a divorce. Seeking legal consult before signing anything is key.

If you've decided that legal separation is the path forward for you and your partner, you'll want to make sure you're following all the necessary steps to ensure it is, in fact, legal. Here, we outline the seven steps to filing for legal separation, but because laws vary from state to state, use this as a guide to getting started. Once you've familiarized yourself with the process and steps, be sure to check with an attorney to make sure you are doing everything necessary to protect yourself from a legal perspective.

Step 1: Confirm Your State's Residency Requirements

First, you must meet your state’s residency requirements. Residency requirements are the same for legal separation and divorce. To learn about your state’s residency requirements, check your state’s divorce laws. For example, in California, a married couple can file for legal separation if at least one of you lives in the state. Similarly, in the case of domestic partnerships, as long as the domestic partnership was registered in California, both parties may file for legal separation even if you don't live in the state. If your domestic partnership isn't registered in California, one of you must live in the state in order to file for legal separation.

Step 2: Move to File for Separation Petition

If residency requirements are met you will then file a legal separation petition with the court. You may do this by contacting an attorney, using online resources (such as your state government's website), or contacting your court clerk and filing on your own, otherwise known as pro se. Note that a fee is required to file your legal separation forms.

If you meet the state's residency requirements, file for separation in the county where you live.

Step 3: Move to File Legal Separation Agreement

Along with your petition for a legal separation, you will file your legal separation agreement. Make sure the agreement covers all issues such as child custody, child support, visitation, spousal support, how marital assets (like a home or any vehicles you purchased together) might be distributed, who lives where, who pays what debts, any rules and guidelines pertaining to dating other people; which may be considered adultery in some states.

Step 4: Serve Your Spouse the Separation Agreement

If you and your spouse are not filing for separation jointly, you will need to have your spouse served once you have filed your petition for legal separation. As with a divorce, your spouse will have a certain period of time (typically 30 days) in which to respond to your petition for a legal separation.

Step 5: Settle Unresolved Issues

If your spouse does not agree to the provision set forth in the petition, they have a right to file a counter-petition. If this is done and you can’t come to an agreement via mediation or with collaborative law , you will have to go before a judge to settle the issues you were unable to agree upon. In some cases, a legal separation can be as complicated as obtaining a divorce. 

Step 6: Sign and Notarize the Agreement

If your spouse agrees to the provisions in the petition, all you will need is for both spouses to sign and notarize the agreement so the court clerk can enter it into the court records for approval by a judge. Do note, however, that anything you do before the court signs off on the separation agreement may affect certain outcomes, particularly as it applies to personal belongings or custody, says David Reischer, Esq., Family Law Attorney & CEO of LegalAdvice.com. For example, "A judge may view a person that moves out of their home as having given up. The court could interpret the person that moved out of the home as abandoning the relationship and forfeiting rights to claim ownership or custody at a future date," says Reischer.

Step 7: Organize Your Records and Execute the Agreement

Once a judge has reviewed and signed your legal separation agreement, it will be filed and on record with the court clerk. After it is on record with the court you will want to be sure to keep a copy for your own records and follow the guidelines set out in the separation agreement. 

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How to get a divorce online

If your divorce is uncontested, filing online may be the way to go. Here's how to do it.

Find out more about divorce

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by   Ronna L. DeLoe, Esq.

Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...

Read more...

Updated on: January 31, 2024 · 4min read

Can I file for divorce online?

Using online companies in uncontested divorces.

Woman and man sitting on sofa looking at laptop

Getting divorced online is a common way for couples to end their marriage. Many companies provide divorce forms online. These websites prepare forms for you based on the information you provide. Some have attorneys or paralegals review the papers. Others are the do-it-yourself type where you fill out the forms yourself.

In each situation, the forms have to be done correctly, or you may have to start again.

Some states allow you to file for divorce online. These states have specific requirements for online divorce filing, so check your state’s court site to see whether your state allows e-filing for divorce.

Divorce requirements can vary from county to county, so you may be able to e-file your papers in certain counties but not in others. If you’re unsure if your county and state allow filing a divorce online, call the clerk’s office in your county. Even if you use an attorney for divorce, the attorney may be required to file for divorce online in your state.

If you’re filing an uncontested divorce, third-party sites that specialize in filing online divorces can help. Your divorce is uncontested if you and your spouse have settled the major issues such as custody, visitation, child support, spousal support, division of property, and division of debt.

Online sites for divorce can legally prepare documents for you, and many of the top sites will review the forms. Use of online sites for divorce, however, is not recommended if you and your spouse have a contested divorce where you cannot agree on all major issues.

Contested divorces can be difficult and can require a trial. While you may want to get divorced quickly, you shouldn’t do so where there are unresolved issues between you and your spouse. It’s great to have sites that can prepare a divorce, but you have to live with your divorce agreement that will be difficult to change later on. Using an attorney for a contested divorce is the right thing to do and the only thing that makes sense.

Additionally, you can obtain documents for an online divorce but the document company does not act as your attorney. You may want to have an attorney review your documents, especially if your case involves a lot of property or involves expensive property. In these instances, filing for divorce without an attorney is probably not a good idea.

Getting a divorce online means having an online document company prepare your divorce papers and, if applicable for your state and county, submit them electronically. You also can prepare forms on your state’s court site and submit them through that site. Not all legal document companies will file divorce papers online.

To get a divorce online , you need to do the following:

  • Decide if you’re going to use an online document company or your state’s court site. A court website allows you to prepare forms on your computer, but you have to do it yourself. Save your files as a PDF file and make several copies of all documents.
  • Make sure your divorce is uncontested and that you and your spouse have agreed to the terms of your divorce. Ensure that custody, child support, visitation, spousal support, division of assets, and division of debt have been settled.
  • Include all of the details of your divorce in your divorce papers. Make sure your vital information is included, such as names, addresses, social security numbers, the date and location of your marriage, the names and birthdates of your children, and what property you are dividing. Include the grounds for divorce, such as whether it is a no-fault divorce .
  • Fill out all required forms. You can usually find the forms you need on your court’s website, but court sites are tricky. Different forms can be required within states, so make sure you prepare all of the forms you need for an uncontested divorce in your county.
  • Check your state’s court site or ask your county clerk how to file your divorce paperwork. Pay any fees required by your county and state. These fees are in addition to fees for document preparation. File the papers online, or take them to your county clerk at the courthouse if you can’t file them online.
  • Have your spouse served with the divorce papers, if required. This usually means service by someone more than 18 years old or by using a professional process server. You cannot usually serve the papers yourself. If you’re not sure how to serve papers, use a process server.
  • Prepare a divorce agreement that you and your spouse can live with. You may want to use an attorney for this part of the divorce so your agreement can be prepared correctly. This way there is less of a chance you’ll have to make court motions years from now unless there are major changes, such as wanting to move out of state with the children.
  • Make sure all necessary supplemental forms are added to your original papers or ask your attorney to complete the papers.

Getting a divorce online can be an easier alternative to a traditional uncontested divorce and can help prevent your divorce from becoming an emotionally painful experience by removing many of the formalities of the court process.

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Legal Templates

Home Personal & Family Separation Agreement

Separation Agreement Template

Use our Separation Agreement to specify how a separated couple will handle property, assets, debts, and bills.

Separation Agreement Template

Updated January 16, 2024 Reviewed by Brooke Davis

A separation agreement is a written contract between two married spouses who want to live apart. It outlines the couple’s concerns about handling their property, assets, debts, and bills while separated. The document details the settlement of important matters, including spousal support, custody, and support for minor children (if any).

The document can be adopted as part of divorce proceedings if its terms do not violate any laws.

What is a Separation Agreement?

How to write a separation agreement, tips for writing a separation agreement, sample separation agreement sample, frequently asked questions.

A separation agreement is a legally binding document between a married couple who are not yet ready to file for a divorce but have decided they want to live apart. Some states require you to go through the court for the separation agreement to become legally binding.

Separation papers signed by both spouses include financial disclosures and address issues such as child custody, spousal support, and living arrangements.

The couple is still legally married and can benefit from specific insurance and tax benefits.

You may want to use a separation agreement if, for example, you and your spouse have decided to live apart to see if a divorce is what you want. Or if you plan to separate and need to formally agree on how you will divide assets and handle child support or alimony.

Step 1 – Enter Parties & Marriage Information

You must first begin filling out the separation agreement by including the information of both the petitioner and the respondent. The petitioner is the individual filing for separation.

The details that both parties should consist of are the following:

  • If either party wants to return to using their former/maiden name, they can request this in the document.
  • Marriage date
  • Location of marriage
  • Separated: Refers to whether the parties are currently separated but living apart or divorced. 
  • Divorced: A Separation Agreement can be adopted as part of Divorce proceedings if its terms do not violate any State or Federal laws . Parties may also enter a Separation Agreement to modify an existing court-mandated Marital Settlement Agreement. In either case, the details of the current divorce proceedings are recommended to be referenced or attached.

Step 2: Provide Information about Spousal Support

If you and your spouse agree to spousal support, specify which party will receive it, how much they will receive, and when payments will begin.

You should also indicate whether parties can modify the amount and whether there is an end date or an event that will trigger its termination. 

If one spouse must pay spousal support, it is common practice for the supporting spouse to carry a life insurance policy to guarantee payments if they die. The receiving spouse would be named the beneficiary, and the supportive spouse generally must maintain the insurance policy as long as spousal payments are required.

In this section, you can specify how long the life insurance policy will be and the amount in the policy. 

Step 3: Add Information about Children

You should detail your situation with children if you have any or are expecting. You must include their names and birthdays. Note the number of children you’re expecting if relevant. 

When separating, you must decide on the custody arrangement for your kids. You will have the following options:

  • Sole legal and physical custody
  • Shared legal custody and primary physical custody
  • Shared legal and physical custody

If there is an existing court order regarding child custody, you should include its details, such as Proceedings, Date, Stage/Judgement, and Court filed in your separation agreement. 

Children Expenses

In this section, you should provide information regarding the following:

  • Decide which party will be responsible for your children’s medical insurance and who will be responsible for expenses not covered by the insurance policy. 
  • You can include terms about child support in the separation agreement. Specify who will pay child support, the monthly amount, and when the payments begin. 
  • If the child support amount doesn’t follow the guidelines set by the court, you will have to explain how you determined your amount. 
  • You can include provisions in the agreement that state one or both parties will provide tuition expenses for school and/or college for any of your children. 
  • Special rights and responsibilities are agreements between the parents regarding the care of the child(ren) and any actions to be taken (or not to be taken) while the child(ren) is in the care of the other party.
  • If one parent has sole legal and physical custody and the other does not have visitation rights, this is unnecessary. 

Step 4 – Decide on Property

When separating, you will have to agree on how to distribute your real property, if there is any. In the case of a married couple, it is typically the marital home. Parties can agree that: 

  • One party will keep the marital home and be the sole owner 
  • They will sell or lease the home and split the profits 
  • They will continue to own the home jointly, and one party will continue to reside there

If the married couple shares other properties, note their address and specify who will take ownership of the property after separation. Alternatively, both parties can agree to sell it instead. 

The following kind of property is personal property. Personal property is the assets and belongings of the parties that are movable, as opposed to real property (land, house, structure, real estate), which is fixed. 

Both parties should agree on who should own particular items, what items should be sold, and how they will split the profits between them.

You should also provide a monetary value for the items so it’s easy to break assets later. 

You should also discuss the distribution of any vehicles with your spouse and include the description of the cars so there’s no confusion in the agreement. 

Step 5 – Get Your Financials In Order

If you and your spouse have a joint banking account, you must provide the account details and decide how it will be split. 

Similarly, joint debts can be split or be the sole responsibility of a party, depending on what you and your spouse agree to.

For pensions and retirement accounts, spouses may also be entitled to a portion of the other spouse’s pension and/or retirement plans, which are accounts created or opened in the present to replace income upon retirement. If a spouse paid money into the account while married, it might be considered part of the marital estate.

Examples of such plans include Individual Retirement Plans (IRAs), 401(k)s, and profit-sharing plans.

Decide if any interest from the pensions or retirement accounts will be awarded to a spouse or split evenly, including the relevant account details. 

Finally, decide when you and your spouse will start filing individual tax returns. It could be at the beginning of a particular year or when the divorce decree becomes final. Then, specify who will be responsible for any prior joint tax return deficiencies.

Step 6 – Add in Final Details

You can throw in any additional provisions you might want to include in the agreement in this section. You can also add witness signatures and notary acknowledgments and specify whether the agreement will be filed in court. 

You don’t need to file your agreement with the court for your separation to be effective. However, the parties can file their separation agreement with the court, especially in states requiring a separation period before a divorce. Filing the agreement can establish the time frame of separation.

If you have filed your agreement and later filed for divorce, you can ask the court to merge the agreement into the final divorce decree, which becomes enforceable by the court.

If you do not file the agreement with the court and/or merge it into your final divorce decree, it is like any other legal agreement between you and the other party and enforceable in the same ways.

A separation agreement filed with the court is generally called a Marital Settlement Agreement.

Lastly, date the separation agreement.

What Should Be Included in a Separation Agreement?

A written separation agreement should identify the following elements:

Basic information:

  • Names and address(es) of the couple that wants to separate
  • Date of marriage
  • Date of separation
  • Confirmation that the couple meets the residency requirements for their state
  • Reason for the couple’s separation (legal grounds for separation vary by state and may include irreconcilable differences, general indignities, adultery, etc.) 
  • Whether the separation is temporary or permanent

Division of finances:

  • Division of real property, including primary and vacation homes
  • Division of assets, including cars, collections, antiques, furniture
  • Division of financial investment accounts, including stocks and bonds
  • Division of financial obligations like mortgages, loans, bills, debts, and taxes
  • Division of marital property versus prior personal property

Division of shared responsibilities:

  • Child custody and living arrangements (if the couple has children under the age of 18)
  • Visitation schedules for the non-custodial parent
  • Plans for child care (e.g., medical insurance, family involvement, school obligations, etc.)
  • Child support and/or spousal support
  • Division of unexpected medical, educational, or other expenses

A fair division of assets needs to consider any pre-existing prenuptial agreement or postnuptial agreement . Both prenups and postnups can be enforceable in the case of legal separation, provided they meet specific legal criteria and can significantly influence the terms of the separation agreement.

Additionally, it would be best if you considered including arrangements for potential future situations that may occur after the separation: 

  • What is to be done in the event of the death of either spouse
  • Expectations for incorporation of a new relationship or cohabitation by either spouse
  • Design for significant changes in circumstance, such as a change in income
  • Conditions that allow for variations in arrangements
  • Consequences for breach of the separation agreement

Additional expenses for childcare

As you write your separation agreement, consider additional expenses you may incur for child care.

In addition to potential costs for private school and contributions to college funds, children often require payment for non-budgeted extracurricular activities, such as school sports, school trips, school events, private lessons, etc.

Be sure to specify who is responsible for such expenses. Alternatively, you can consider having a 50/50 arrangement or opening a joint bank account.

Omitted assets or property

Issues related to property division are generally straightforward, and your written agreement will reflect that. However, it’s best to include provisions that address the distribution of forgotten assets, including non-disclosed or omitted property.

For example, a 50/50 division will help you avoid going to court.

Seek advice if necessary.

Writing some aspects of your separation agreement can be challenging, depending on your family’s needs. If your agreement’s legal or tax-related consequences are complicated, seek financial advice from an accountant or attorney.

As you write, remember that rules regarding separation agreements differ from state to state. Be sure you are using the laws in your state and have determined how they may affect your written agreement. 

Not all states have laws that recognize legal separation, i.e., you cannot petition the court to be separated legally. The states that don’t acknowledge legal documentation of separation are Florida, Delaware, Georgia, Louisiana, Pennsylvania, Texas, and Mississippi.

Writing a separation agreement is still a valid means of dealing with those states’ finances, support, and child custody issues.

Below is a sample separation agreement available for download in PDF or Word doc format.

Sample Separation Agreement

Can you get a divorce without a separation agreement?

Yes, you can get a divorce in most states without a separation agreement. However, each state handles separation proceedings differently. Some states require a legal separation before a couple can file for divorce, while others do not.

State Law determines whether a separation agreement is signed by the couple or filed with the state. Check your state court or government website for more specific information about the separation process.

Can I file a separation agreement without a lawyer?

Yes, you can file a separation agreement without a lawyer. Even if the court doesn’t require separation agreements in the state where you live, you can still use the document as part of a formal lawsuit when you want to file for legal separation with the court.

Most of these forms are free on the state or county court websites.

Does a separation agreement need notarized?

Yes, a separation agreement must be notarized and contain the signatures of both parties to be considered legally binding. Any notary public can perform this function for you.

Note that both spouses do not have to show up simultaneously to sign before a notary. Each spouse can sign in front of separate notaries.

Can you write your own separation agreement?

You can write your separation agreement or have an attorney draft it, depending on your needs.

Discuss how you and your spouse will divide physical assets and responsibilities using our separation agreement template as a guide.

Most couples won’t agree on every aspect of the agreement immediately, so prepare for this process to take some time.

If needed, you and your spouse can complete two separate versions and then come together to discuss and negotiate.

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Separation Agreement Template

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Separation Agreement

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What is a separation agreement.

A separation agreement is a legally binding document drawn up between the parties in a marital relationship. The agreement is something that both people in the marriage use to formally divide their assets, debts, and other marital responsibilities so that each party experiences a fair separation from the other. While a separation agreement is commonly used in times when a couple knows they are heading for divorce, it's also used by couples who merely want to separate for a period of time with the intention of reconciling.

This private document may include items like child support and visitation, alimony, and the dividing of property. An attorney may submit a completed separation agreement to the court before divorce proceedings begin so it can become a part of the judge's final divorce decree.

Because a separation agreement is a legal document, both parties in the marriage should carefully consider their positioning and work hard on coming to a complete agreement to prevent any future issues or questions as to what's fair and how they plan on working together during their separation.

The Difference Between a Separation and a Divorce

Some people may look at separation and divorce as essentially the same thing, but there are differences between the two. Although a separation can be the first step toward a divorce, it's not an actual divorce, and it is treated differently in court. While a separation agreement is a legally binding contract, you wouldn't usually have to go to court to finalize the agreement because a separation is not something that a judge has to be involved in to enforce or rule over.

A separation is when you and your spouse remain legally married but have decided to no longer engage in a marital relationship. The married couple may enter a separation intending to reconcile after some time apart. Some couples may separate first, knowing that if they aren't able to work out their differences, one or both will file for divorce. Sometimes, a couple chooses to separate, knowing that they'll remain legally married.

On the other hand, a divorce often involves time in front of a judge to finalize a divorce decree. When a divorce is granted, the couple in the divorce is no longer married and, therefore, will no longer be a husband or wife to their partner.

Reasons To Consider a Separation Agreement

There are many reasons why a couple may consider a separation. Some of the situations that may call for a separation agreement include:

  • A married couple who want to separate for the time being, but intend to remain married. This is common as married couples figure out what their next steps are. They may not be sure what the future holds but would like to try to work out their differences while living apart temporarily. An agreement works out well because while separated, there are agreed-upon provisions in place for responsibilities that the couple shares.
  • A married couple who have decided to divorce. A separation agreement is helpful for a couple who have made the hard decision to go through with a divorce because they already have agreed on how they'll handle their assets, debts, liabilities, properties, and other responsibilities, including their children. In this case, the separation agreement is typically merged with the divorce proceedings to become part of the judgment.
  • A married couple who want to separate but remain married. For one reason or another, a married couple may wish to maintain their legal relationship status but live separate and apart. In this case, a separation agreement still helps to divide up responsibilities.

Benefits of a Separation Agreement

The benefits of a separation agreement include:

  • Flexibility: Rather than allowing a court to decide how your divorce will go, you and your spouse are able to come to an agreement and include conditions that are fair to you both.
  • Cost: If you're able to agree on certain items that are included in the separation agreement, that usually means less time in court for litigation or other divorce proceedings.
  • Time: When you have a document in place that outlines the terms of your separation and specifies how you'll separate marital finances and responsibilities, you'll end up spending less time figuring it out in front of a judge.
  • Privacy: Unlike divorce proceedings, a separation agreement on its own does not have to be filed with the court. It remains a private legal document that nobody has access to unless you grant them the authority to view your agreement.

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What To Include in a Separation Agreement

A married couple can feel free to include anything they want in a separation agreement as long as it's something to which both parties can really agree. Consider including these items in a separation agreement:

  • Spousal support: If one party in the couple has made sacrifices or contributions to the family that has kept them from earning as much money as their spouse, they may agree on spousal support (also called alimony). This is usually something that's agreed upon when the couple is used to a certain lifestyle. Chances are that if the separation agreement includes details about the amount and length of spousal support payments, it'll be included in the divorce judgment.
  • Child support: Child support details should include an amount, specific payment dates, how long the payments will go on, and even details of a child's health insurance. However, even if a separation agreement includes details about child support and it's used during a divorce, a court can make its own judgment in the best interest of the child.
  • Assets: Assets can include personal property like real estate and other items that the married couple owns together.
  • Debts: A married couple typically has larger debts like a mortgage, car payment, or credit card bills. They may also have other financial obligations, like ongoing monthly subscriptions, that they have to share.
  • Benefits: Chances are that the spouses have each listed the other as the beneficiary on their benefits like their pension, IRA, 401(k), and other retirement plans. A separation agreement may serve to release each other from receiving the benefit should something happen to their spouse before they are officially divorced.
  • Taxes: Taxes can be a complicated part of a divorce. A separation agreement can include what will happen with taxes during the annual filing.

Separation agreement

Image via  Unsplash  by redaquamedia

What Makes a Separation Agreement Valid?

A separation agreement is usually only considered valid if it:

  • Is fair to both parties. When creating a separation agreement with your spouse, make sure you're separating assets and other items in a way that's fair to both parties. It does not have to be completely equal, but it cannot be unjustly one-sided, or a court may throw out the agreement during divorce proceedings.
  • Has both spouses' signatures. Both parties must sign the separation agreement, and neither one can be under pressure or duress while doing so.
  • Was drafted with two attorneys. It's not against the law to have the same attorney as your spouse when drawing up the separation agreement, but it's highly recommended to use separate attorneys. If both parties use the same attorney, a judge may later question the validity of the separation agreement during the divorce and inspect it closer for unfairness.
  • Discloses all details. A separation agreement should disclose all assets and debts or it may be deemed fraudulent.

A separation is never an easy decision, but a separation agreement can help make the transition a little easier. Learn more about contracts before getting started, then work together with your spouse to come to a mutually beneficial decision about how to move forward.

Need help with a Separation Agreement?

Meet some of our separation agreement lawyers.

Faryal A. on ContractsCounsel

Ms. Ayub is an attorney licensed to practice in Texas. Before moving to the US, she has a number of years of experience in contract review, analysis and drafting. Ms. Ayub is available to help you with your legal problems, as well as filling LLC and other business entity formation documents. To know more about her practice, please visit https://ayublawfirmpllc.com/.

Ramanathan C. on ContractsCounsel

Ramanathan C.

Dual Qualified New York Attorney & Enrolled NZ Barrister & Solicitor

Tim E. on ContractsCounsel

Tim advises small businesses, entrepreneurs, and start-ups on a wide range of legal matters. He has experience with company formation and restructuring, capital and equity planning, tax planning and tax controversy, contract drafting, and employment law issues. His clients range from side gig sole proprietors to companies recognized by Inc. magazine.

Michael W. on ContractsCounsel

Graduate of Georgetown Law (J.D. and LL.M in Taxation) Injury Claims Adjuster before law school for top insurer Eight plus years of legal experience Past roles: Associate at premier boutique law firm in the DC metro area Policy Associate at a large academic and research institution Solo Practice Areas of Expertise: Contracts Business Formation Trusts and Estates Demand Letters Entertainment Transactions

Richard N. on ContractsCounsel

I have been practicing law for 35 years. In addition to my law degree, I hold an MBA. I've created six companies, currently act as outside counsel to another 12, and have been an advisor to more than 500 startups and entrepreneurs.

Donya G. on ContractsCounsel

I am a licensed and active NY and CT Contracts Attorney, with over 20 years of diverse legal and business experience. I specialize in reviewing, drafting and negotiating commercial agreements. My practice focuses on working with small business clients as well as clients from international brokerage firms on acquisitions, especially in the Ecommerce space; drafting, negotiating, reviewing and advising on business agreements; ; breach of contract issues, contract disputes and arbitration. I am licensed to practice in New York and Connecticut, and am a FINRA and NCDS Arbitrator. My experience includes serving as General Counsel to small businesses. This entails reviewing, updating and drafting contracts such as employments agreements, asset purchase agreements, master services agreements, operating agreements and a variety of business and commercial contracts. Additionally, I assist clients with business strategies, contract disputes and arbitration. My diverse experience allows me to give my clients a well-rounded approach to the issues they face. I have been at top AML law firms; a Vice President at an Investment Bank, a Civil Court Arbitrator presiding over cases in contract law, commercial law, a Hearing Officer, presiding over cases and rendering written decisions, and a Judicial Clerk to a Civil Court Judge. It would be a privilege to assist you and your business with my services.

Carlos C. on ContractsCounsel

Carlos Colón-Machargo is a fully bilingual (English-Spanish) attorney-at-law and Certified Public Accountant (CPA) with over twenty years of experience. His major areas of practice include labor and employment law; business law; corporate, contract and tax law; and estate planning. He is currently admitted to practice law in Georgia, Florida, the District of Columbia and Puerto Rico and currently licensed as a CPA in Florida. He received a Master of Laws from the Georgetown University Law Center in 1997, where he concentrated in Labor and Employment Law (LL. M. in Labor and Employment Law) and a Juris Doctor, cum laude, from the Inter American University.

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What is the difference between a separation agreement and divorce.

I am considering options with my partner and don't want to go through a divorce if it isn't needed.

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Divorce is the legal termination of marriage. With a separation agreement, the couple remains married and the court outlines their rights and responsibilities while living apart. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

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How to Get a Divorce

Marriage laws are primarily regulated by states, so each state will have its own process and requirements.

Conceptual image of a woman and man, separated by the shadows on the wall, yet standing next to one another. They have a serious discussion as they glance at each other and walk away. Their backs are facing the camera.

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Whether or not you hire an attorney, make sure your decision is firm and goals are clear.

While marriage is often considered a personal and romantic union, it is important to note that it is a legal institution. That means that the process of ending a marriage is not dissimilar to the dissolution of a business partnership.

A divorce takes place when a court declares that a marriage no longer exists, according to the American Bar Association . The ABA recommends getting a lawyer as the first step in the process because divorce does require a court process, which a lawyer can guide you through. If an individual elects to represent himself or herself, it will require more time and attention, though some states offer self-help guides, such as this guide for divorces in Los Angeles County.

Whether or not you hire an attorney, the next step is typically the same: make sure your decision is firm and goals are clear.

“First, are you sure you need a divorce?” says Raiford Dalton Palmer, managing partner of STG Divorce Law and author of “I Just Want This Done: How Smart, Successful People Get Divorced Without Losing Their Kids, Money, and Minds."

Though Palmer says his first question often surprises clients, he wants them to understand that divorces can quickly become complex and expensive. “A simple cost/benefit analysis upfront at least clarifies goals and concerns and helps a person decide whether this really is worth it,” Palmer says.

Determining State Jurisdiction and Laws

Marriage laws are primarily regulated by states, so each state will have its own process and requirements. The best place to start is determining the state where your divorce will occur, which must be the home state of one or both spouses. If spouses reside in multiple states, choosing the state in which the divorce will occur can become a legal battle.

Once the state is determined, you will need to figure out its unique process. This is particularly important for laws regarding fault and no-fault divorce. The state will have unique requirements for what is needed from one or both parties to initiate the legal process.

For example in Illinois, which refers to divorces as dissolutions, spouses must be separated for six months (either within the same household or separate households) to have grounds for a dissolution. Otherwise, they will need to declare that all efforts have been made to preserve the marriage and that future attempts will not be “in the best interest of the family.”

Other states will have their own unique requirements, so determining state jurisdiction is important before taking your first legal step of filing for divorce. The ABA also notes that some states require everything to be resolved before a divorce is granted, while others allow you to enter a divorce order and then finalize issues such as custody later.

What to Consider When Divorcing

The division of assets is a large part of a divorce – even if you have a prenuptial agreement – so prepare to gather financial information. The ABA recommends canceling joint financial accounts or credit cards. Both people involved should also reconsider wills and assess the beneficiaries of life insurance policies.

“Every state has a set of rules by which the lawyers and the parties are supposed to exchange their financial information,” Palmer says. So make sure you understand what your state will require, from medical tax returns to a deed to the house.

If children are involved, they will also be a major aspect of divorce. The courts want custody arrangements to be what is in the best interest of the child. Court orders can be obtained to determine both legal and physical custody of your children, as well as schedules for special occasions like holidays.

Spousal support, often called alimony, is another consideration. This is a court-ordered payment from one former spouse to the other to help pay for expenses. It can be paid depending on an imbalance of income between the parties or to support the individual who takes custody of the children.

Each state will handle finances, assets, custody, alimony and other aspects of divorce differently. Some states try to simplify the process with what’s called a "pro se divorce” or “do it yourself divorce.” This is a simplified process with standard forms to fill out so you can serve a spouse with papers by certified mail, sheriff or process server.

Will Divorce Involve a Judge and Trial?

Though all divorces involve the court system, the majority of divorces are settled without a trial. Disagreements are typically resolved outside of the walls of a courtroom through negotiation and an official agreement. If a decision cannot be reached amicably, however, the parties will have to go to trial in front of a judge.

“If things are agreeable, your time in front of the judge is going to be very limited,” says Megan L. Drury, an attorney in the family law department at Gimbel, Reilly, Guerin & Brown.

She reminds parents, in particular, to think holistically – keep in mind what is in the best interest of children, who are oftentimes already having a hard time during a divorce. Keeping things amicable and reasonable can help avoid a long and costly trial process.

“Think big picture,” Drury says. “Is this issue that you want to fight about all day long really going to matter in the end? Do you really want to be paying a lawyer $300 an hour to be fighting over who’s going to get what Christmas decorations?”

Palmer notes that some states have guidelines to keep divorces civil and streamlined through the court system. Illinois, for example, has what is called a collaborative divorce, where parties sign a contract agreeing to resolve the dispute according to collaborative principles and guidelines.

During the divorce process, which can take months or years, people may seek so-called "temporary orders." These are essentially versions of the eventual agreement that will define financial considerations or child custody that will be in place until the official divorce guidelines are set. These can also help guide the process and boundaries between the two parties.

However, some get stuck in a rut of temporary orders getting renewed or shifted, instead of moving toward a final decision, Palmer says.

“People devolve into this battle and they feel good in the short term, like, ‘I’m getting back at the person.’ They feel like they’re fighting (and) they feel like they’re accomplishing something, but they’re really fooling themselves in a lot of ways,” Palmer says. “The one question I like to ask is, ‘Is this getting you more divorced? Will this motion get you closer to the goal of being done? Or are you just spinning your wheels?’”

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What Is the difference between a divorce and a legal separation?

A divorce means the marriage is legally over. Ex-spouses can marry others. The court can determine the allocation of parental responsibilities , parenting time, and child support. It can also determine spousal support and divide property.

Legal separation is a technical term. It is not the same as separating from one’s spouse by living apart. A legal separation does not legally end a marriage. After a legal separation, spouses are still married. They cannot marry anyone else unless they divorce. A court can determine the allocation of parental responsibilities, parenting time, child support, and maintenance (spousal support). But the court cannot divide property unless you and your spouse agree. You must also ask the court to divide property.

If you don't think you can live with your spouse, you can file for legal separation. Getting a legal separation does not prevent you or your spouse from getting a divorce later.

What Is the difference between a legal separation and not living with my spouse?

A legal separation is different than a physical separation. Legal separation will decide questions about how much child support or maintenance should be paid.

Why would I choose a legal separation instead of a divorce?

Divorce is usually the best option for many people. However, there are situations where getting a legal separation would make the most sense. A few examples of when getting a legal separation might make sense would be:

  • Health insurance,
  • Social security, and
  • You're not sure if you are ready for a divorce, but you need to be apart, or
  • Your religion prohibits divorce.

How do I get a legal separation?

To get a legal separation, you must be physically living apart from your spouse when you ask the court for a legal separation. You must then file a Petition for Legal Separation  with the circuit clerk in your area . Ask them if they have a form you can fill out. We do not have a form for this on our site.

How long do I have to live in Illinois to get a legal separation?

You have to live in Illinois for more than 90 days.

Can I still get a Legal separation if my spouse does not live in Illinois?

Yes, you can still get a legal separation in this situation.

If your spouse has never lived in Illinois, the court can give you a legal separation. But the court may not be able to decide issues like child support and maintenance.

Can custody be decided with a legal separation?

Yes, but the children must live in Illinois for 6 months before the court can decide custody.

Where should I ask for a legal separation?

The best place to ask for a legal separation is in the county where you lived with your spouse. The next best place to ask is the county where your spouse lives.

If your spouse does not live in Illinois, you can ask for a legal separation in the county where you live.

You can begin a legal separation by filing a petition with the circuit clerk of the appropriate county. For a list of circuit courts, view the Illinois Courts website .

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How to Get a Separation in North Carolina

Last Updated: March 5, 2020 References

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. There are 10 references cited in this article, which can be found at the bottom of the page. This article has been viewed 7,281 times.

North Carolina does not recognize the idea of filing for a legal separation. [1] X Research source Instead of having to file for a legal separation, in North Carolina you can either get separated on your own or file for what is called a divorce from bed and board.

Getting a Separation on Your Own

Step 1 Move into separate households.

  • Moved back in together;
  • Shared household chores;
  • Indicated to friends or family that your problems have been resolved;
  • Accompanied each other to public places while holding yourselves out as being married; and
  • Engaged in sexual intercourse. [5] X Research source

Step 3 Consider executing a separation agreement.

  • A separation agreement must be notarized in order to be valid. [9] X Research source
  • A judge does not need to sign off on a separation agreement to make it valid. [10] X Research source
  • For a good sample separation agreement, look here .

Filing for a Divorce from Bed and Board

Step 1 Consider hiring an attorney.

  • Abandonment . [12] X Research source Abandonment occurs when your spouse either moved away or forced you to move away. [13] X Research source
  • Malicious turning the other out of doors . [14] X Research source This occurs if you have been kicked out of your house by your spouse. [15] X Research source
  • Cruel or barbarous treatment that endangers the life of the other spouse . [16] X Research source This includes domestic violence, emotional abuse, or other forms of personal abuse that may occur. [17] X Research source
  • Indignities to the person of the other . [18] X Research source For this to apply, you must be able to show a pattern of public humiliation, degrading treatment, and/or physical abuse. [19] X Research source A single occurrence of any of the above will not be sufficient. [20] X Research source
  • Excessive use of alcohol or drugs . [21] X Research source You must be able to show that substance abuse is regular and that it has interfered with a happy marriage. [22] X Research source
  • Adultery . [23] X Research source You only need to be able to prove one single incident for this to apply. [24] X Research source

Step 3 Write a complaint.

  • An introduction, which will include a general discussion of what you want the court to do and why you believe you deserve it.
  • A venue and jurisdiction statement, which is a simple statement telling the court that you believe they have jurisdiction over the case and that they are the correct venue for your case.
  • An introduction of the parties, which is a series of paragraphs that will tell the court who the parties to the case are. In this case, you will introduce yourself and your spouse, which will include providing names, addresses, and your relationship to one another.
  • Factual allegations, which will include a series of factual statements explaining your story and why you deserve a divorce from bed and board.
  • A claim for relief where you will tell the court that the facts alleged constitute a valid ground for divorce from bed and board.

Step 4 File your complaint.

  • From your perspective, you will want to tell the judge the facts that tend to prove that one of the grounds for a divorce from bed and board has been met. You will already know the facts surrounding your argument because you will have put them in your complaint.
  • In addition, bring any evidence you may have that might help your case. For example, if you are arguing that you deserve a divorce from bed and board because your spouse has excessively abused drugs or alcohol, bring evidence that will help you prove that. Evidence could take the form of rehabilitation bills, voice-mails that were left while your spouse was intoxicated, bank statements showing the amount of money your spouse spends at liquor stores, or testimony from friends and family that your spouse has a problem with drugs or alcohol.

Step 7 Receive a court order.

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Determine if an Estate Must File an Income Tax Return

  • ↑ http://info.legalzoom.com/file-legal-separation-north-carolina-26588.html
  • ↑ https://www.ncaj.com/?pg=Separation_and_Divorce
  • ↑ https://benderlefantelaw.com/how-can-you-prove-reconciliation/
  • ↑ https://www.rosen.com/divorce/divorcearticles/breach-and-enforcement-of-separation-agreements-in-north-carolina/
  • ↑ https://www.rosen.com/divorce/divorcefaqs/what-is-divorce-from-bed-and-board/
  • ↑ http://www.speakslaw.com/library/divorce-from-bed-and-board-north-carolina-s-separation-law.cfm
  • ↑ https://www.rosen.com/divorce/divorcearticles/navigating-basic-court-procedure-in-north-carolina/
  • ↑ http://www.nccourts.org/Courts/Trial/Documents/court_costs_chart-Oct2014-civil.pdf
  • ↑ http://www.mecklenburgdwi.com/waiving-trial-court-costs-north-carolina/
  • ↑ http://www.serve-now.com/resources/process-serving-laws/north-carolina

About this article

Clinton M. Sandvick, JD, PhD

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What Is a Separation Agreement: Everything You Need to Know

Callen Winslow

Callen Winslow explores relationship complexities and the human experience. Drawing on psychology, he believes in everyone's potential for growth and fulfillment.

Separation Agreement

In This Article

A separation agreement is a legally binding contract outlining the terms of separation between couples. It covers essential aspects like property division, child custody , and financial responsibilities . 

This concise guide will explain what is a separation agreement, its purpose, essential elements, and legal significance, helping you navigate separations clearly and confidently.

What is a separation agreement?

A separation agreement in marriage is a legally binding document that serves as a critical framework for couples contemplating or going through a separation, but not necessarily a divorce. 

It outlines each party’s terms, rights, and responsibilities during the separation period, addressing vital aspects such as asset and debt division, spousal support, child custody, visitation schedules, and more. 

This agreement aims to provide clarity and structure during a challenging time, allowing both parties to maintain a sense of order and fairness as they navigate their separation. 

While it does not legally dissolve the marriage, it can be crucial before proceeding with divorce proceedings, helping avoid unnecessary disputes and courtroom battles. RELATED READING What Is a Trial Separation Agreement: Elements & Benefits Read Now

What’s the difference between divorce, separation, and legal separation? 

Having understood what is a separation agreement, one should also know that divorce , separation, and legal separation are distinct legal processes that involve the dissolution or separation of a marital relationship, each with its characteristics and implications. 

Divorce is the legal process of formally ending a marriage or marital relationship . The process involves legal proceedings, divorce separation agreements, property divisions, spousal support (if applicable), and child custody and support arrangements. Once finalized by the court, the marriage is legally dissolved.

In a separation, spouses may live apart but maintain their marital status. Property rights and financial responsibilities are sometimes clearly defined unless outlined in a marriage separation agreement. 

Couples often choose separation as a trial period to assess whether reconciliation or divorce is the best action. During this time, they can live independently but may not legally marry others.

Legal separation

Legal separation is a formal legal process recognized by the court that allows a married couple to live separately while addressing important legal and financial matters, similar to a divorce. 

Legal separation is often chosen for various reasons, such as religious or personal beliefs prohibiting divorce, maintaining certain benefits like health insurance, or as a step towards divorce if reconciliation is not feasible.

Types of separation

Separation can take various forms, depending on specific circumstances and individual goals. Here are some types of separation that are essential to understand apart from comprehending what is a separation agreement.

Trial separation

A trial separation is a temporary separation where a couple decides to live apart for a predetermined period to assess their relationship. It is often seen as a step before deciding about divorce or reconciliation.

Couples may choose a trial separation to clarify their feelings, work on personal issues, or seek counseling. It allows them to experience life without their spouse before making a more permanent decision.

Permanent separation

Permanent separation, also known as living apart, occurs when a couple decides to end their marital cohabitation indefinitely. While legally married, they no longer live together or share a household.

Permanent separation may be chosen when divorce is not an option due to religious or personal beliefs or when individuals are not ready to decide.

Legal separation is a formal legal process where a couple obtains legal separation agreements. This agreement outlines the terms and conditions of their separation, including property division, child custody, and financial responsibilities.

Legal separation is often chosen for legal and financial reasons, such as maintaining certain benefits like health insurance or fulfilling legal obligations while living separately.

Emotional separation

Emotional separation occurs when a couple disconnects emotionally while living together or cohabiting. It can involve a lack of intimacy, communication, or shared emotional connection. Emotional separation may be a precursor to other forms of separation or divorce, as it reflects a breakdown in the emotional bonds of the relationship.

In-home separation

In-home separation involves a couple living in the same residence but leading separate lives. They may have separate bedrooms, finances, and social lives while cohabiting. In-home separation is sometimes chosen due to financial constraints or for children’s sake. It can be a transitional phase before pursuing more formal breakups or divorce.

Parenting separation

Parenting separation occurs when a couple separates as romantic partners but continues co-parenting their children. So, how does marriage separation work here? The primary focus of parenting separation is to ensure that children continue to receive care and support from both parents despite the marital separation.

What does a separation agreement include? 

Now that you know what is a separation agreement, let us look at what one includes. An agreement of separation is a legally binding document of separation between couples. 

Here are the key components that a comprehensive separation agreement may consist of and how does separation work. This comprehensive section explores separation agreements, legally binding contracts outlining terms of separation.

Statement of separation

This part of the separation contract states that both parties have decided to separate and live apart. It clarifies the intent to live separate lives during the separation period while remaining legally married. 

A separation agreement provides clear legal guidelines for both parties, reducing ambiguity and potential disputes. It safeguards the rights and interests of each spouse, ensuring that they are treated fairly during the separation.

Property division

Separation of properties agreement details how assets and debts acquired during the marriage will be divided. It specifies which party retains ownership of assets, such as real estate, vehicles, bank accounts, and personal belongings.

Child custody and visitation

The agreement addresses custody arrangements when children are involved, outlining which parent will have physical and legal custody. Visitation schedules, holidays, and decision-making responsibilities may also be included.

Child support

This section defines the financial support one parent will provide to the other for the children’s well-being. It follows state-specific guidelines and covers expenses like education, healthcare, and extracurricular activities. Clauses related to child custody and support prioritize the children’s best interests.

Healthcare and insurance

The agreement may address how health insurance coverage will be maintained for spouses and children, who will be responsible for medical expenses, and how healthcare decisions will be made.

Tax considerations

Tax-related clauses explain how tax matters, such as filing status and exemptions, will be handled during the separation period. This helps prevent conflicts related to taxes.

Debts and liabilities

Outstanding debts, including mortgages, loans, and credit card balances, are addressed in this section. It specifies which party is responsible for these financial obligations.

Dispute resolution

A provision on dispute resolution outlines how conflicts or disagreements will be resolved. Mediation or arbitration may be recommended before resorting to litigation.

Modification and termination

The agreement may specify the conditions under which it can be modified or terminated. This could include changes in circumstances or the reconciliation of the parties.

Signatures and notarization

The separation agreement must be signed and dated by both parties in the presence of a notary public to make it legally binding.

Governing law

This section identifies the state laws that govern the agreement and where any legal disputes related to the contract of separation should be resolved. A well-crafted separation agreement is vital in providing clarity, structure, and legal protection during the separation process. 

Commonly asked questions

Separation agreements can be complex, and understanding their implications is crucial. This FAQ addresses common questions about what is a separation agreement, including the need for legal assistance, drawbacks compared to divorce, dating during separation, and the relationship between separation agreements and divorce.

Can you make your separation agreement, or do you need a lawyer? 

While creating your separation agreement is possible, consulting with a lawyer is advisable to ensure it complies with legal requirements and protects your interests.

What are the disadvantages of separation rather than divorce?

Disadvantages of separation can include continued financial ties, uncertainty about the future, potential emotional distress, and limited legal protection without a formal divorce decree.

Is it legal to date other people during separation? 

Legally, dating during separation varies by jurisdiction. Consult local laws and consider the impact on your separation agreement, especially if custody or financial matters are involved.

Does a separation agreement always lead to divorce? 

No, a separation agreement does not always lead to divorce. It can serve as a legal framework for separation without ending the marriage, making it a flexible option for some couples.

What is the point of separation instead of divorce? 

Separation offers couples time and space to evaluate their relationship, work on personal issues, or adhere to religious beliefs prohibiting divorce. It also maintains legal benefits like health insurance and can be a step toward reconciliation or divorce if needed.

Make an informed decision

In conclusion, separation is a complex legal and emotional process that requires careful consideration. If you are worried about what is a separation agreement and are contemplating separation, consult legal professionals for guidance on drafting a separation agreement. 

Additionally, couples may benefit from seeking counseling or relationship support to navigate this challenging period and explore options for the future.

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Callen Winslow is a passionate writer who focuses on the complexities of relationships and the human experience. Drawing on his background in psychology, he believes that everyone has the potential for personal growth and fulfillment Read more in their relationships. When not writing, Callen can often be found indulging his love of art and sculpture or exploring his fascination with astronomy through stargazing. Read less

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DD Form 214, Discharge Papers and Separation Documents

A Report of Separation is generally issued when a service member performs active duty or at least 90 consecutive days of active duty training. The Report of Separation contains information normally needed to verify military service for benefits, retirement, employment and membership in veterans' organizations. Information shown on the Report of Separation may include the service member's:

  • Date and place of entry into active duty  
  • Home address at time of entry  
  • Date and place of release from active duty  
  • Home address after separation  
  • Last duty assignment and rank  
  • Military job specialty  
  • Military education  
  • Decorations, medals, badges, citations and campaign awards received  
  • Total creditable service  
  • Foreign service credited  
  • Separation information (date and type of separation, character of service, authority and reason for separation and separation and reenlistment eligibility codes)

The report of separation form issued in most recent years is the DD Form 214, Certificate of Release or Discharge from Active Duty . Before January 1, 1950, several similar forms were used by the military services, including the WD AGO 53, WD AGO 55, WD AGO 53-55, NAVPERS 553, NAVMC 78PD and the NAVCG 553.

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Porsha Williams Files for Divorce from Simon Guobadia After 15 Months of Marriage (Exclusive)

The 'Real Housewives of Atlanta' alum wed the Nigerian-born businessman in November 2022

Melody Chiu is an Executive Editor at PEOPLE overseeing music, events and emerging content. She has been with the brand since 2009, editing, writing and reporting across all entertainment verticals. She has written cover stories on Taylor Swift, Selena Gomez, Melissa McCarthy, Blake Shelton, Jordan Turpin and Sandra Oh. The Los Angeles native graduated from the University of Southern California and has appeared on Extra! , The Talk, Access Hollywood and Good Morning America .

Porsha Williams and Simon Guobadia's marriage is coming to an end over a year after they tied the knot.

The Real Housewives of Atlanta alum filed for divorce from Guobadia on Thursday in Atlanta, according to court documents obtained by PEOPLE.

News of their split comes as rumors fly online about Guobadia's citizen status . However, a source tells PEOPLE the divorce is "unrelated to recent allegations involving Simon's past."

The cause of their split is an "ongoing matter," adds the insider.

Williams, 42, and Guobadia, 59, said "I do" in November 2022 in a Nigerian traditional native law and custom ceremony followed by an American ceremony in Atlanta.

The pair announced their engagement in May 2021 after one month of dating. "Yes we are crazy in love," Williams captioned a selfie with Guobadia. "I know it's fast but we are living life each day to its fullest. I choose happiness every morning and every night."

Guobadia echoed Williams' sentiments, telling his followers that he asked her to marry him "because we checked ALL of each other's boxes, and then some."

Earlier this month, the reality star-turned-entrepreneur — who's mom to 4-year-old daughter Pilar (from a previous relationship) — announced she is set to return to The Real Housewives of Atlanta for its upcoming sixteenth season after two years away from the Bravo series.

She also signed an overall scripted deal with NBCUniversal on "scripted project opportunities across the company's broadcast and streaming properties."

“I’m incredibly thankful for the vision and faith NBCUniversal has put in me to be a larger part of their family,” she said in a statement. “I’m looking forward to being back on  The Real Housewives of Atlanta , and showing the world my new world!"

Williams first joined RHOA back in its fifth season. After leaving the show in season 13, she and Guobadia appeared together on Real Housewives spinoff Porsha's Family Matters in 2021.

She last starred in the third season of The Real Housewives Ultimate Girls Trip , which aired last year.

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    Step 1 - Check Your State's Requirements for Separation Your first step is to research the legal requirements in your residential state, as different states have different laws. For example, how long you have lived in your state may affect whether you can file there.

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    If children are involved, the marital separation agreement should also detail who will get what amount of custody and what visitation and child support will look like. Many people assume an agreement like this is a boilerplate document, but they can be honed toward divorcing spouses' needs, says Megan L. Drury, an attorney in the family law ...

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    If your spouse does not live in Illinois, you can ask for a legal separation in the county where you live. You can begin a legal separation by filing a petition with the circuit clerk of the appropriate county. For a list of circuit courts, view the Illinois Courts website. Last full review by a subject matter expert. April 05, 2023.

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  19. DD Form 214, Discharge Papers and Separation Documents

    REQUEST RECORDS ONLINE! A Report of Separation is generally issued when a service member performs active duty or at least 90 consecutive days of active duty training. The Report of Separation contains information normally needed to verify military service for benefits, retirement, employment and membership in veterans' organizations.

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  21. Porsha Williams Files for Divorce from Simon Guobadia

    Porsha Williams Files for Divorce from Simon Guobadia After 15 Months of Marriage (Exclusive) The 'Real Housewives of Atlanta' alum wed the Nigerian-born businessman in November 2022