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what do I have to do to get a legal separation to get a legal separation you have to do more than simply live apart a legal separation requires you to go through a process that is very similar to a divorce a legal separation involves the same issues that are involved in a divorce child custody and visitation alimony and child support and division of marital property and debts although property and debt division is not always permitted the procedure for getting a legal separation typically goes like this you begin by filing papers with the court requesting a separation and proposing the terms unless you and your spouse file jointly your spouse will need to be served with the papers your spouse has a certain amount of time to respond after being served if he or she disagrees with your proposal if your spouse responds the two of you can try to docHub an agreement uncontested issues through negotiation or mediation your agreement is put in writing signed by both of you and filed with the co