What do you have to do to have a marital separation?

Answer by  John (9008)

Nothing prevents you from simply leaving; you do not need permission from anyone for that. As for a legal separation, which would make you a legally separate entity, the rules for that vary from state to state. Some states do not allow them at all; they require a divorce. Talk to a lawyer in your state, but not for "permission."

Answer by  tamarawilhite (17883)

Permission is required from the family courts, not a lawyer. However, a separation as a precursor to divorce does go through divorce court. Remember that in separation, you are still legally married; debts run up by either spouse are still the obligation of the other spouse.

Answer by  Tammy2075 (133)

In most states a legal seperation is no different than a divorce. You do not have to see a lawyer but you do need to file with your court.

Answer by  Kimberly (253)

For a martial separation you do not need the permission of a lawyer. You and your spouse separate which at that time and makes it legal with the law.