Does my husband have to sign a separation agreement for it to be legal?
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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
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 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.
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