WARNINGS: Before you leave the family home or give any substantial money to your spouse because of a separation or pending divorce, you should work out a marriage settlement agreement with an attorney.  Divorces are often bitter, beware of being set up for domestic violence or child abuse cases.  No matter why you are getting the divorce recognize that you still need to work at least a little with the other party so try to be civil, remember the relationship is at an end so whatever was wrong with the other party you will soon not have to deal with it on a daily basis.  Child custody and child and spousal support are modifiable on a change of circumstances.  No matter what you agree to in terms of child support and custody, some day things may change. 

Pension plans acquired during marriage are usually considered community property.

Anticipate what might happen in advance.  The court often enforces the existing situation, so make sure you are in the position most advantages to yourself.  You may have heard the statement that possession is 9/10 of the law.  While it may not be the law it may be difficult or too expensive to change it - so get what you want at an early stage.  If you have accounts that you or your spouse can take control over either tie these accounts up or put them in your name pending orders from the court.

LEGAL SEPARATION

     Legal separation is similar to a divorce. You still divide property and resolve the issues of custody and support. The paperwork is almost the same. In the end however you are not divorced. If you want to later become divorced you may have to file a divorce petition and start the process anew.
     People may choose Legal Separation for a number of reasons. There may be religious reasons - divorce is unacceptable. Sometimes there are insurance reasons - insurance may continue as long as the parties are legally married. Perhaps it might be that there is still hope of a reconciliation.
     If the person that files wants a Legal Separation and the responding party wants a divorce, the responding party can ask for a divorce in the response.

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