Sign it &
Make it legal
Sign it &
Make it legal
When you and your spouse agree to legally separate, you can use a Marriage Separation Agreement to settle how your property, assets, debts and child custody are handled. We'll walk you through creating a Marriage Separation Agreement so you can move ahead.
More than just a template, our step-by-step interview process makes it easy to create a Marriage Separation Agreement
Save, sign, print, and download your document when you are done.
Separation Agreement, Marital Settlement Agreement, Marital Separation Agreement, Legal Separation Agreement
Once a Divorce is finalized by the court (usually when the court issues a Divorce Decree) the marriage is terminated. However, with a Marriage Separation Agreement, even if it is legally binding, you will still be legally married.
The following are common reasons for seeking a Separation instead of a Divorce:
Please note that choosing to have a legally binding Marriage Separation Agreement is not necessarily faster or less expensive than filing for a Divorce. You may want to consult with an attorney to help you assess your options.
A Marriage Separation Agreement includes many of the same terms as a Divorce Decree, including the following:
Both parties must sign the Agreement in front of a notary public. Each spouse should retain a copy of the signed agreement. You may access a copy of the unsigned copy of your Agreement on Rocket Lawyer indefinitely. If you would like to have a copy of the signed Agreement on Rocket Lawyer simply scan and upload it.
Whether a Marriage Separation Agreement is legally binding depends on the laws of the state in which you lived during the marriage. Most states recognize Legal Separation Agreements. However, Delaware, Florida, Georgia, Mississippi, Pennsylvania and Texas do not recognize legal separation. But even though these states do not recognize legal separation, a separation agreement can still help organize what you and your spouse agree upon in terms of how assets and liabilities will be allocated, how child support and support claims will be arranged, and how property will be divided. Although there are additional steps to take to divorce, the Marriage Separation Agreement can function as a legally binding contract between the spouses.
Some states require that you file your Marriage Separation Agreement with the court seeking legal approval of its terms in order for the Agreement to be enforceable. For example, in Community Property states, Community Property rights cannot be severed or divided unless adjudicated by a court. In other words, your Agreement is not enforceable until the judge issues a Court Order. Other states, do not do not require that you file your Agreement with the court; instead, the Agreement is a binding contract between the parties.
Depending on your situation, one of the following may be the right document to create next:
If you have any questions about what's right for you, we can connect you with a lawyer for quick answers or a document review.