Legal separation is the process of formally and legally separating from one’s spouse without terminating the marriage. Legal separation in most states is almost identical to divorce. Some couples use the process as a first step toward divorce, while others prefer to remain legally separated indefinitely. The court typically has the ability to issue orders regarding child custody, child and spousal support, and property division in a legal separation. However, in contrast to divorce, legally separated spouses remain married.
There are a variety of reasons spouses may choose legal separation over divorce. Some people have religious, cultural, or personal reasons to avoid divorce. For others, legal separation may be a financial decision. Legal separation may be the best option for couples who wish to divorce but who do not yet meet their state’s divorce residency requirements. However, disadvantages to legal separation include the lack of freedom to marry another person, the fact that legal separation does not sever all legal ties, such as inheritance rights, and the cost of the legal separation process.
The Cost of Legal SeparationLegal separation may cost just as much as a divorce, since the parties must spend time and resources addressing the same issues. If divorce is likely on the horizon, spouses should consider skipping legal separation altogether or researching whether they will be able to easily convert a legal separation into a divorce in their state.
Spouses should not assume that they will have the ability to renegotiate the terms of their separation order or agreement during a divorce. Some courts may insist that the parties proceed with the same arrangement during and after their divorce unless language in their separation order or agreement has expressly reserved their right to renegotiate the terms, or a change in circumstances has made the terms significantly unfair. It may be difficult or impossible to modify property division terms of a separation order or agreement once the property is distributed.
A few states limit the length of legal separation and require spouses to reconcile or pursue a divorce after the expiration of the separation order (usually a year or so). But in most states, legal separation may last indefinitely unless the parties choose to reconcile and vacate the separation order or choose to divorce. Some states also allow spouses to convert their legal separation into a divorce after a certain period of time.
Most states do not require that couples separate, whether legally or informally, before obtaining a divorce, but separation for a certain period of time may be sufficient grounds for a divorce in some jurisdictions. Spouses who wish to pursue a legal separation or a divorce on the grounds of living separate and apart should note that some states will not consider them to be living separate and apart if they continue to live in the same house as spouses, regardless of whether they have separated in other ways. A knowledgeable family law attorney may be able to advise spouses who cannot or do not want to live in separate homes but still wish to pursue a legal separation or divorce.
Click on a state below to learn more about legal separation in that state.
Alabama
Legal separation in Alabama may be obtained by filing a petition in the circuit court in the county where the non-petitioning spouse lives or the county where both spouses last lived as a married couple. If the non-petitioning spouse does not live in Alabama, the petitioning spouse can file in the county where they live. At least one spouse must have lived in Alabama for the past six months. The petition must assert either that the marriage is irretrievably broken, there is a complete incompatibility of temperament, or at least one spouse wishes to live separate and apart.
As in a divorce, the parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. At the very least, the issue of child custody and support must be settled, if applicable. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. After entry of the decree of legal separation, and upon written agreement of the parties, the earnings of either spouse after the legal separation will be their separate property, each spouse may convey their real estate without the consent of the other, and each spouse may waive their rights to inheritance from the other.
Alaska
Legal separation in Alaska may be obtained by filing a petition in the superior court in the county where either spouse lives. The petition will include both spouses’ names and addresses, the date of the marriage, and whether the spouses have children, among other things. The court must determine that there is an incompatibility of temperament between the parties, and the continuation of the marriage preserves or protects significant legal, financial, social, or religious interests.
Much like a divorce, the parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Alaska limits parties to one legal separation per marriage.
Alaska Legal Separation Forms and ResourcesArizona
Legal separation in Arizona may be obtained by filing a petition in the superior court in the county where either spouse lives. The petition will include both spouses’ names, birth dates, and occupations, the date of the marriage, and whether the spouses have children, among other things. At least one spouse must live in (or be stationed in) Arizona at the time of filing. The court must determine either that the marriage is irretrievably broken or that one or both parties wish to live separate and apart. If the marriage is a rare covenant marriage, the court must determine that one of the specific grounds for legal separation in a covenant marriage, such as adultery or living separate and apart continuously without reconciliation for at least two years, has been established. Arizona imposes a 60-day waiting period between the time when a petition for legal separation is served and the time when the court will take action.
As in a divorce, the parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. In the case of a covenant marriage, living separate and apart continuously without reconciliation for at least two years (or one year from the date when a decree of legal separation is entered) is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in a covenant marriage in Arizona that do not require separation.)
Arizona Legal Separation Forms and ResourcesArkansas
Legal separation in Arkansas may be obtained by filing a petition in the circuit court in the county where the petitioning spouse lives. If the petitioning spouse does not live in Arkansas, the petition may be filed in the county where the non-petitioning spouse lives. At least one spouse must have lived in Arkansas for the past 60 days. The petition must assert a basis for the separation, such as the fact that the spouses have lived separate and apart for 18 continuous months without cohabitation. If the marriage is a rare covenant marriage, spouses must establish one of the specific grounds for legal separation in a covenant marriage. Spouses may be required to participate in counseling or mediation. Arkansas generally imposes a 30-day waiting period between the time when a petition for legal separation is filed and the time when the court will grant the legal separation.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart continuously and without cohabitation for at least 18 months (generally two years for spouses in a covenant marriage) is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Arkansas that do not require separation.)
Arkansas Legal Separation Forms and ResourcesCalifornia
Legal separation in California may be obtained by filing a petition in the superior court in the county where either spouse lives or the county where both spouses last lived as a married couple. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. At least one spouse must live in California at the time of filing. The petition must assert either that irreconcilable differences have caused the irremediable breakdown of the marriage or that one spouse has a permanent legal incapacity to make decisions.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
California Legal Separation Forms and ResourcesColorado
Legal separation in Colorado may be obtained by filing a petition in the district court in the county where either spouse lives. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. At least one spouse must have lived in Colorado for the past 91 days. The petition must assert that the marriage is irretrievably broken. Colorado imposes a 90-day waiting period between the time when a petition for legal separation is filed and the time when the court will take action.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Spouses must wait 182 days to convert a legal separation into a divorce in Colorado.
Colorado Legal Separation Forms and ResourcesConnecticut
Legal separation in Connecticut may be obtained by filing a complaint in the superior court in the county where either spouse lives. The complaint will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. Generally, at least one spouse must have lived in Connecticut for the past 12 months before the court will grant a legal separation. If not, at least one spouse must have lived in Connecticut at the time of the marriage and returned to the state with the intention of permanently remaining there before the filing of the petition, or the cause for the separation must have arisen after either spouse moved to Connecticut. The complaint must allege a legal basis for the separation, such as the fact that the marriage is irretrievably broken or that the parties have lived separate and apart for at least 18 continuous months with no chance of reconciliation. Connecticut generally imposes a 90-day waiting period before the court will take action, but this waiting period may be waived by the court under certain circumstances.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart continuously for at least 18 months is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Connecticut that do not require separation.) Spouses may ask the court to convert their decree of legal separation into a divorce at any time.
Connecticut Legal Separation Forms and ResourcesDelaware
Delaware does not offer legal separation, but spouses in Delaware may separate without court involvement either temporarily or permanently. Living separate and apart continuously for at least six months is one way to demonstrate that the marriage is irretrievably broken, which is necessary to obtain a divorce in Delaware.
Florida
Florida does not offer legal separation, but spouses in Florida may separate without court involvement either temporarily or permanently.
Georgia
Georgia does not offer legal separation but does offer an alternative called separate maintenance, under which a court may issue orders based on voluntary separation or abandonment. A separate maintenance action may be filed in the superior court in the county where either spouse lives.
As in a divorce, parties are generally able to settle issues such as child custody, spousal support, and child support in the course of obtaining a separate maintenance order. Once these issues are decided, the court will issue an order binding both spouses. However, a separate maintenance order may be limited in regard to dividing marital property. Spouses may need to go through the divorce process in Georgia in order to adequately divide their property. If spouses wish to modify the separate maintenance order, they will need to obtain court approval. Spouses are free to vacate the separate maintenance order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
Georgia Legal Separation Forms and ResourcesHawaii
Legal separation in Hawaii may be obtained by filing a petition in the family court in the county where the petitioning spouse lives. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petitioning spouse generally must have been domiciled or physically present in Hawaii for the past three months. The petition must assert that the marriage has been temporarily disrupted.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. However, a legal separation order may be limited in regard to dividing marital property. Spouses may need to go through the divorce process in Hawaii in order to adequately divide their property. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Legal separation in Hawaii lasts at most two years, after which time the parties must decide to reconcile or divorce. Living separate and apart for at least two years is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Hawaii that do not require separation.)
Idaho
Legal separation in Idaho may be obtained by filing a petition in the district court in the county where the non-petitioning spouse lives or, if the non-petitioning spouse does not live in Idaho, in any county. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petitioning spouse must have lived in Idaho for the past six weeks. The petition must assert that the parties have irreconcilable differences or that the parties have lived separate and apart for five years, or it must allege one of Idaho’s available fault grounds, such as adultery.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart without cohabitation for at least five years is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Idaho that do not require separation.)
Idaho Legal Separation Forms and ResourcesIllinois
Legal separation in Illinois may be obtained by filing a petition in the circuit court in the county where the non-petitioning spouse lives or the county where both spouses last lived as a married couple. If the non-petitioning spouse does not live in Illinois, the petition may be filed in the county where the petitioning spouse lives. The petition will include both spouses’ names, ages, and occupations, the date of the marriage, and whether the spouses have children, among other things. At least one spouse must have lived in (or have been stationed in) Illinois for the past 90 days. Spouses must mutually agree to the separation, or the petitioning spouse must specify that the other spouse has moved out and that the parties are now living separate and apart.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart continuously for at least six months is sufficient to demonstrate that the parties have irreconcilable differences necessary to obtain a divorce, if desired.
Illinois Legal Separation Forms and ResourcesIndiana
Legal separation in Indiana may be obtained by filing a petition in the court in the county where at least one spouse has lived for the past three months. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. One spouse must have lived in (or have been stationed in) Indiana for the past six months and in the county where the petition is filed for the past three months. There must be conditions or circumstances that make it currently intolerable for both parties to live together, even though the marriage should be maintained. A court cannot grant a petition for legal separation if one spouse has already filed for divorce.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Legal separation in Indiana lasts at most one year, after which time the parties must decide to reconcile or divorce.
Iowa
Legal separation in Iowa may be obtained by filing a petition in the district court in the county where either spouse lives. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petition must assert that there has been a breakdown of the marriage. If the non-petitioning spouse is not an Iowa resident who may be personally served with the petition, the petitioning spouse must have lived in Iowa for the past year. Iowa imposes a 90-day waiting period between the time when a petition for legal separation is filed and the time when the court will grant a legal separation, unless there is an emergency or waiving the waiting period is necessary to protect the substantive rights of a party. The court may order the spouses to attend conciliation, a form of counseling, for up to 60 days, but this requirement can be waived in some circumstances, such as when there is evidence of domestic abuse.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. The court may also require the spouses to participate in an education course if the legal separation involves child custody or visitation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
Iowa Legal Separation Forms and ResourcesKansas
Legal separation in Kansas may be obtained by filing a petition in the district court in the county where either spouse lives. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petition must allege that the spouses are incompatible, that one spouse has failed to perform a material marital duty, or that the spouses are incompatible because one or both spouses have a mental illness or incapacity. At least one spouse must have lived in Kansas for the past 60 days. The spouses may be ordered to attend marriage counseling, but this requirement may be waived under certain circumstances.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
Kentucky
Legal separation in Kentucky may be obtained by filing a petition in the family court in the county where either spouse lives. The petition will include the spouses’ names, ages, and occupations, the date of the marriage, and whether the spouses have children, among other things. At least one spouse must have lived in (or have been stationed in) Kentucky for the past 180 days. The petition must allege that the parties are separated and that the marriage is irretrievably broken. There may be a waiting period before the court can grant a legal separation if the spouses have not yet been separated for 60 days.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart for at least 60 days is required to demonstrate that the marriage is irretrievably broken, which is necessary to obtain a divorce in Kentucky. Spouses must wait one year to convert a legal separation into a divorce in Kentucky.
Louisiana
Legal separation in Louisiana is only available for spouses in a covenant marriage. Legal separation in this case may be obtained by filing a petition in the trial court in the parish where either spouse lives or in the parish where both spouses last lived as a married couple. At least one spouse must be domiciled in Louisiana, which may be established if they have lived in the state for six months. The court must determine that one of the specific grounds for legal separation in a covenant marriage, such as adultery or living separate and apart continuously for two years, has been established. Parties seeking a legal separation will also usually be required to participate in counseling.
As in a divorce, the parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart continuously for at least 180 days (or 365 days if there are minor children of the marriage) is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Louisiana that do not require separation.) Separation periods for those in covenant marriages are comparatively longer, but the applicable separation period is reduced for spouses with a judgment of separation.
Louisiana Legal Separation Forms and ResourcesMaine
Legal separation in Maine may be obtained by filing a petition in the district court in the county where either spouse lives. (However, this must be the county where the non-petitioning spouse lives if the petitioning spouse has left the county in which the parties lived together, and the non-petitioning spouse has not.) If the non-petitioning spouse does not live in Maine, the petitioning spouse must either have resided in Maine for the past six months, reside in Maine after having gotten married in Maine, or reside in Maine after the cause for separation arose while both parties lived in Maine. In order to grant a legal separation, the court must find that the spouses have lived or desire to live apart for at least 60 days and that one of the permitted grounds for divorce is met, the most common of which is irreconcilable differences. Parties seeking a legal separation may also be required to participate in mediation.
Much like a divorce, the parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
Maryland
Maryland does not offer legal separation, but it does offer an alternative called limited divorce. A spouse may file for limited divorce in the circuit court in the county where either spouse lives. The petition will include the spouses’ names, the date of the marriage, and whether the spouses have children, among other things. If the grounds for the limited divorce occurred outside Maryland, at least one spouse must have lived in Maryland for the past six months. The petition must assert one of the specific grounds for a limited divorce, such as cruel treatment or living separate and apart without cohabitation.
As in an absolute divorce, parties are able to settle issues such as child custody, spousal support, and child support during the limited divorce process. Once these issues are decided, the court will issue an order binding both spouses. However, a limited divorce order generally cannot specify the division of property. Spouses may need to go through the absolute divorce process in Maryland in order to divide their property. If spouses wish to modify the limited divorce order, they will need to obtain court approval. Spouses are free to vacate the limited divorce and resume their marital relationship at any time, but they cannot marry other people unless they obtain an absolute divorce. Living separate and apart continuously and without cohabitation for at least 12 months is sufficient to demonstrate that the parties have legal grounds to obtain an absolute divorce, if desired. (However, parties may allege other grounds for absolute divorce in Maryland that do not require separation.)
Maryland Legal Separation Forms and ResourcesMassachusetts
Massachusetts does not offer legal separation, but it does offer an alternative called separate support. A spouse may file a request for separate support in the family court in the county where either spouse lives. (However, this must be the county where the non-requesting spouse lives if the requesting spouse has left the county in which the parties lived together, and the non-requesting spouse has not.) The request will include the spouses’ names, the date of the marriage, and whether the spouses have children, among other things. It must assert that the non-requesting spouse is failing to support the requesting spouse without justification, that the non-requesting spouse has deserted the requesting spouse, or that both spouses are living apart or desire to live apart and there is a justifiable reason for doing so.
Much like a divorce, parties are able to settle issues such as child custody, spousal support, and child support during the separate support process. Once these issues are decided, the court will issue an order binding both spouses. However, a separate support order generally cannot specify the division of property. Spouses may need to go through the divorce process in Massachusetts in order to divide their property. If spouses wish to modify the separate support order, they will need to obtain court approval. Spouses remain legally married unless they obtain a divorce.
Massachusetts Legal Separation Forms and ResourcesMichigan
Michigan does not offer legal separation, but it does offer an alternative called separate maintenance. A spouse may file a request for separate maintenance in the circuit court in the county where they live. At least one spouse must generally have lived in Michigan for the last 180 days, and in the county where the request was filed for the last 10 days. (The court may make an exception to the residency requirement for defendants who were born in, or who are citizens of, a country other than the United States with minor children who are at risk of being taken out of the country.) The court must find that there has been a breakdown of the marriage relationship with no reasonable likelihood that the marriage can be preserved.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property during the separate maintenance process. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the separate maintenance order, they will need to obtain court approval. Spouses are free to vacate the separate maintenance order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Unlike many other states, parties cannot convert their separate maintenance case into a divorce. Instead, they will need to start the divorce process from the beginning if they wish to pursue a divorce.
Michigan Legal Separation Forms and ResourcesMinnesota
Legal separation in Minnesota may be obtained by filing a petition in the district court in the county where either spouse lives. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. Generally, one spouse must have lived in (or been stationed in) Minnesota for the past 180 days. A legal separation will be granted if neither party objects or files for divorce, and the court finds that a legal separation is necessary.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. If the court must make a custody or parenting time determination, the parties may be ordered to complete an educational program. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
Minnesota Legal Separation Forms and ResourcesMississippi
Mississippi does not offer legal separation, but it does offer an alternative called separate maintenance. A spouse may file a request for separate maintenance in the chancery court in the county where either spouse lives. Separate maintenance may be granted to a spouse who can show that they were willfully abandoned without justification and that any material misconduct on their part is not equal to or greater than their spouse’s misconduct.
Separate maintenance in Mississippi is a payment similar to alimony or spousal support. It does not include child support or child custody orders, which should be sought independently, if desired. A separate maintenance order will also not generally address the division of property. Spouses may need to go through the divorce process in Mississippi in order to divide their property. Once the issue of separate maintenance is decided, the court will issue an order binding both spouses. If spouses wish to modify the separate maintenance order, they will need to obtain court approval. Spouses are free to vacate the separate maintenance order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
Missouri
Legal separation in Missouri may be obtained by filing a petition in the circuit court in the county where either spouse lives. At least one spouse must have lived in (or have been stationed in) Missouri for the last 90 days. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. Missouri imposes a 30-day waiting period between the time when a petition for legal separation is filed and the time when the court will grant a legal separation.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. The court may also require the spouses to participate in an education course if the legal separation involves child custody or visitation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Spouses must wait 90 days to convert a legal separation into a divorce in Missouri. Living separate and apart for 24 months (12 months if by mutual consent) before filing for divorce may be sufficient evidence to rebut a spouse’s assertion that the marriage is not irretrievably broken when petitioning for a divorce.
Montana
Legal separation in Montana may be obtained by filing a petition in the district court in the county where either spouse lives. One spouse must have lived in (or have been stationed in) Montana for the last 90 days. The petition will include both spouses’ names, ages, and occupations, the date of the marriage, and whether the spouses have children, among other things. The petition must also allege that the marriage is irretrievably broken and either that the parties have lived separate and apart for at least the last 181 days or that there is a serious marital discord that adversely affects the attitude of one or both parties toward the marriage with no reasonable prospect of reconciliation.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Spouses must wait six months to convert a legal separation into a divorce in Montana. Living separate and apart for more than 180 days may be sufficient evidence to demonstrate that the marriage is irretrievably broken, a necessary finding for spouses to obtain a divorce in Montana.
Montana Legal Separation Forms and ResourcesNebraska
Legal separation in Nebraska may be obtained by filing a petition in the district court in the county where either spouse lives. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The court may grant a legal separation if both parties state that they wish to live separate and apart, or if one party states so and the other does not deny it. If one party denies that they wish to live separate and apart, the court will conduct a hearing and consider all factors, including the circumstances giving rise to the petition and the prospect of reconciliation.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. Spouses may avoid going to a court hearing if 60 days have passed since the petition for legal separation was served, both spouses waive the hearing requirement, the spouses have certified that they will live separate and apart and have made every reasonable effort to reconcile, and they submit all of the required documents to the court, including a written separation agreement resolving all the issues. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart for a long period of time may be sufficient evidence to demonstrate that the marriage is irretrievably broken, a necessary finding for spouses to obtain a divorce in Nebraska.
Nebraska Legal Separation Forms and ResourcesNevada
Legal separation (“separate maintenance”) in Nevada may be obtained by filing a petition in the district court in the county where either spouse lives. One spouse must have lived in Nevada for more than six weeks before filing. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petition must also assert that the parties are incompatible and reconciliation is not possible, that the parties have lived separate and apart for more than one year and reconciliation is not possible, or that the non-petitioning spouse deserted the petitioning spouse at least 90 days before filing the petition and has not returned.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart without cohabitation for one year is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Nevada that do not require separation.)
Nevada Legal Separation Forms and ResourcesNew Hampshire
Legal separation in New Hampshire may be obtained by filing a petition in the superior court in the county where either spouse lives. Generally, both spouses must live in New Hampshire. If not, the petitioning spouse must currently live in the state and be able to personally serve their spouse within the state, or they must have lived in New Hampshire for at least the past year. A spouse may seek a legal separation on a fault or no-fault ground. Fault grounds in New Hampshire include causes such as adultery or extreme cruelty, while a no-fault ground is simply based on the parties’ irreconcilable differences. Parties seeking a legal separation may be required to participate in counseling.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. In New Hampshire, orders regarding parental rights and responsibilities, spousal and child support orders, and restraining orders automatically terminate when legally separated spouses file a written declaration of their resumption of marital relations with the court. However, property division orders remain unless a judge sets them aside.
New Hampshire Legal Separation Forms and ResourcesNew Jersey
Legal separation in New Jersey is only available for spouses in a civil union. Otherwise, New Jersey offers a “divorce from bed and board,” which is similar to legal separation. (Spouses in New Jersey often sign and notarize separation agreements instead of filing for legal separation.) Either type of legal separation may be obtained by filing a petition in the superior court in the county where either spouse lives. The permissible grounds for a legal separation or divorce from bed and board are the same as the grounds for a dissolution of a civil union or an absolute divorce, respectively, and include causes such as separation for at least 18 months or adultery. A spouse seeking a divorce from bed and board may alternatively assert that the couple has irreconcilable differences.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation or a divorce from bed and board. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the order, they will need to obtain court approval. Spouses are free to vacate the order and resume their marital relationship at any time, but they cannot marry other people unless they obtain an absolute divorce. Living separate and apart in different habitations for at least 18 consecutive months is sufficient to demonstrate that the parties have legal grounds to obtain an absolute divorce or dissolution of a civil union, if desired. (However, parties may allege other grounds for divorce in New Jersey that do not require separation.)
New Mexico
Legal separation in New Mexico may be obtained by filing a petition in the district court in the county where either spouse lives. Any children must generally have lived in New Mexico for the past six months before the court will have jurisdiction to decide issues regarding children. The petition must affirm that the spouses have permanently separated and have stopped living together as a married couple.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
New York
Legal separation in New York may be obtained by filing a petition in the supreme court in the county where either spouse lives. The residency requirement is met if one spouse has lived in New York for the past two years. If not, at least one spouse must have lived in New York for the past year, and either the parties were married in New York or the parties lived in New York as a married couple. If the cause of the separation occurred in New York, it is sufficient that both spouses currently live in New York. The petition must assert fault grounds for the legal separation, including cruel and inhuman treatment or adultery. There is no provision for a no-fault legal separation. (Spouses in New York often sign and notarize separation agreements instead of filing for legal separation.)
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart pursuant to a decree or judgment of separation or a written agreement of separation for at least one year is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in New York that do not require separation.)
New York Legal Separation Forms and ResourcesNorth Carolina
North Carolina considers spouses legally separated when they are living in different homes, and at least one of them intends the separation to be permanent. North Carolina also offers court-ordered separation in the form of a “divorce from bed and board,” which can only be granted when one spouse is at serious fault, such as when there has been adultery or drug abuse. (Spouses in North Carolina often sign and notarize separation agreements instead of filing for a divorce from bed and board.)
Much like an absolute divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a divorce from bed and board. Whether spouses separate with or without court involvement, they are not free to remarry unless they obtain an absolute divorce. Living separate and apart for at least one year (three years in the case of incurable insanity) is sufficient to demonstrate that the parties have legal grounds to obtain an absolute divorce, if desired.
North Carolina Legal Separation Forms and ResourcesNorth Dakota
Legal separation in North Dakota may be obtained by filing a petition in the district court in the county where the non-filing spouse lives, or in the county where the filing spouse lives if the non-filing spouse lives out of state. The filing spouse must have lived in North Dakota for at least the past six months. If the filing spouse has not lived in North Dakota for at least six months, they may still file the petition, but the court will not grant a legal separation until such time has passed. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petition must assert legal grounds for the separation, such as adultery, extreme cruelty, or irreconcilable differences. The legal grounds for legal separation in North Dakota are the same as the legal grounds for divorce.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
North Dakota Legal Separation Forms and ResourcesOhio
Legal separation in Ohio may be obtained by filing a petition in the court of common pleas in the county where the petitioning spouse has lived for the past 90 days. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petition must allege one of the permissible grounds for legal separation in Ohio, such as adultery, living separate and apart without cohabitation for one year, or incompatibility. The court may order the spouses to participate in conciliation (a form of counseling) for up to 90 days or, if children are involved, family counseling.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart without cohabitation for at least one year is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Ohio that do not require separation.)
Ohio Legal Separation Forms and ResourcesOklahoma
Legal separation in Oklahoma may be obtained by filing a petition in the district court in the county where either spouse lives. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The grounds for a legal separation in Oklahoma are the same as those for a divorce, including adultery, extreme cruelty, and incompatibility.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
Oregon
Legal separation in Oregon may be obtained by filing a petition in the circuit court in the county where either spouse lives. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. It may also include whether the legal separation should be unlimited or last only for a specified period of time. A petition for legal separation may be granted when irreconcilable differences have caused a temporary or unlimited breakdown of the marriage.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. The court may prescribe a specific period of time, such as one year, for which the legal separation will be valid. Before the expiration date, either spouse may ask the court to renew or extend the duration. Spouses are also free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. A legal separation in Oregon may be converted into a dissolution of the marriage within two years of the entry of judgment of separation.
Oregon Legal Separation Forms and ResourcesPennsylvania
Pennsylvania does not offer legal separation, but spouses in Pennsylvania may separate without court involvement either temporarily or permanently. If spouses ultimately wish to divorce, living separate and apart for at least one year may demonstrate that the marriage is irretrievably broken, one of the permissible grounds for divorce. (However, parties may allege other grounds for divorce in Pennsylvania that do not require separation.)
Rhode Island
Legal separation in Rhode Island may be obtained by filing a petition in the family court in the county where the petitioning spouse lives, or, if the petition is based on the residence of the non-petitioning spouse, in Providence County or where the non-petitioning spouse resides. The petitioning spouse must live in Rhode Island at the time of filing and have lived there for a period of time within the court’s discretion. The grounds for a legal separation in Rhode Island are the same as those for a divorce, including adultery, extreme cruelty, or irreconcilable differences.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. However, a legal separation order may be limited in regard to dividing marital property. Spouses may need to go through the divorce process in Rhode Island in order to adequately divide their property. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are also free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart for at least three years is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Rhode Island that do not require separation.)
South Carolina
South Carolina does not offer legal separation but does offer temporary separate maintenance and support orders. A separate maintenance and support action must be filed in the family court in the county where the non-filing spouse lives, in the county where both spouses last lived as a married couple (so long as the filing spouse still lives in South Carolina), or in the county where the filing spouse lives if the non-filing spouse does not live in South Carolina. The spouses must be living separate and apart or must be able to prove a fault ground, such as adultery or physical cruelty.
Separate maintenance and support actions may be used to determine spousal and child support, child custody, and certain property issues. However, spouses may need to go through the divorce process in South Carolina in order to fully divide their property. Spouses with separate support and maintenance orders remain legally married unless they obtain a divorce. Living separate and apart without cohabitation for one year is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in South Carolina that do not require separation.)
South Carolina Legal Separation Forms and ResourcesSouth Dakota
Legal separation (“separate maintenance”) in South Dakota may be obtained by filing a petition in the circuit court in the county where either spouse lives. The petitioning spouse must live in (or be stationed in) South Dakota at the time of filing. In order to grant a legal separation, the court must find that there are irreconcilable differences that have caused the irremediable breakdown of the marriage. The court may delay legal separation for up to 30 days if it believes that there is a reasonable possibility of reconciliation.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and certain property issues. However, spouses may need to go through the divorce process in South Dakota in order to fully divide their property. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separate maintenance order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
Tennessee
Legal separation in Tennessee may be obtained by filing a petition in the court in the county where the non-petitioning spouse lives or the county where the spouses last lived as a married couple. At least one spouse must have lived in Tennessee for the past six months. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The grounds for a legal separation in Tennessee are the same as those for a divorce, including adultery, cruel and inhuman treatment, and irreconcilable differences. Tennessee imposes a 60-day waiting period between the time when a petition for legal separation is filed and the time when the court will act on the petition, which may be extended to 90 days if the parties have minor children.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart without cohabitation for at least two years, so long as the parties do not have minor children, is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Tennessee that do not require separation.) Either spouse may ask the court to grant an absolute divorce two years after the order of separation is entered.
Texas
Texas does not offer legal separation, but spouses in Texas may separate without court involvement either temporarily or permanently. Living separate and apart without cohabitation for at least three years is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Texas that do not require separation.)
Utah
Legal separation (“separate maintenance”) in Utah may be obtained by filing a petition in the district court in the county where either spouse lives. The non-petitioning spouse must be a Utah resident. The petition must assert either that the spouses are living separate and apart without fault of the petitioning spouse or that one spouse has deserted the other without good cause, has neglected or refused to provide for the other even though they have sufficient ability, or has property in Utah yet does not support the resident spouse.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart under a decree of separate maintenance of any state for three consecutive years without cohabitation is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Utah that do not require separation.)
Utah also offers temporary separation, under which a spouse may ask the court to temporarily decide child custody, child and spousal support, and some property issues. Both spouses must have lived in Utah for the past 90 days in order to obtain a temporary separation order. Temporary separation orders are only valid for up to one year. Both parties will be ordered to attend a divorce orientation course if there are minor children involved.
Utah Legal Separation Forms and ResourcesVermont
Legal separation in Vermont may be obtained by filing a petition in the superior court in the county where either spouse lives. At least one spouse generally must have lived in Vermont for the past six months. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The grounds for a legal separation in Vermont are the same as those for a divorce, including adultery and the no-fault ground of having lived separate and apart for six consecutive months without a reasonable probability of reconciliation. Parties with children may be required to take a class on coping with separation.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart continuously for at least six months is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Vermont that do not require separation.)
Vermont Legal Separation Forms and ResourcesVirginia
Virginia offers a “divorce from bed and board,” which is similar to legal separation, although it may only be granted when one spouse is at serious fault, such as when there has been cruelty or abandonment. (Spouses in Virginia often sign and notarize separation agreements instead of filing for legal separation.) A divorce from bed and board in Virginia may be obtained by filing a petition in the circuit court in the county where either spouse lives. At least one spouse must have lived in (or have been stationed in) Virginia for the past six months before filing.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a divorce from bed and board. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the order, they will need to obtain court approval. Spouses are free to vacate the order and resume their marital relationship at any time, but they cannot marry other people unless they obtain an absolute divorce. Living separate and apart without cohabitation for at least one year (or six months if the parties have entered into a separation agreement and do not have minor children) is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in Virginia that do not require separation.)
Virginia Legal Separation Forms and ResourcesWashington
Legal separation in Washington may be obtained by filing a petition in the superior court in the county where the petitioning spouse lives. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petitioner will not be required to assert any grounds for the legal separation.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Spouses must wait six months to convert a legal separation into a divorce in Washington.
Washington Legal Separation Forms and ResourcesWashington, D.C.
Legal separation in Washington, D.C. may be obtained by filing a petition in the superior court. At least one spouse must generally have lived in (or have been stationed in) Washington, D.C. for the past six months. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petition must allege either that the spouses are living separate and apart without cohabitation and that the decision was mutual and voluntary or that they have lived separate and apart without cohabitation for at least one year.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Spouses may be able to convert their legal separation into a divorce if they have voluntarily lived separate and apart for another six months, or if they have lived separate and apart for one year and have not reconciled.
Washington, D.C. Legal Separation Forms and ResourcesWest Virginia
Legal separation (“separate maintenance”) in West Virginia may be obtained by filing a petition in the family court in the county where the non-petitioning spouse lives, or in the county where both spouses last lived as a married couple. If the non-petitioning spouse does not live in West Virginia, the petition may be filed in the county where the petitioning spouse lives. If the couple was married in West Virginia, at least one spouse must live in West Virginia at the time of filing. If the couple was not married in West Virginia, one spouse must have lived in West Virginia continuously for at least the past year. If the separation is on adultery grounds, the non-petitioning spouse must be a resident of West Virginia, or, if the non-petitioning spouse cannot be personally served in the state, the petitioning spouse must have lived in West Virginia for the past year. Legal separation will be granted if the petitioning spouse has legal grounds for divorce, or if the non-petitioning spouse has failed to provide suitable support or has abandoned or deserted their spouse without good cause. Legal grounds for divorce in West Virginia include grounds such as irreconcilable differences, voluntary separation, adultery, and cruel or inhuman treatment.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Living separate and apart without cohabitation for at least one year is sufficient to demonstrate that the parties have legal grounds to obtain a divorce, if desired. (However, parties may allege other grounds for divorce in West Virginia that do not require separation.)
Wisconsin
Legal separation in Wisconsin may be obtained by filing a petition in the circuit court in the county where either spouse lives. At least one spouse must have lived in the county in which the petition is filed for the past 30 days. The petition will include both spouses’ names, the date of the marriage, and whether the spouses have children, among other things. The petition must assert that the marriage is broken (although it does not necessarily need to be “irretrievably” broken). Wisconsin imposes a 120-day waiting period between the time when a petition for legal separation is filed and the time when the court will finalize a legal separation, unless there is an emergency.
Much like a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce. Either spouse may ask the court to convert their legal separation into a divorce after one year or, if they agree, at any time.
Wisconsin Legal Separation Forms and ResourcesWyoming
Legal separation (“judicial separation”) in Wyoming may be obtained by filing a petition in the district court in the county where either spouse lives. Generally, at least one spouse must have lived in Wyoming for the last 60 days. If not, the couple must have been married in Wyoming, and at least one spouse must have lived in the state from the time of the marriage until the time of filing the petition. The legal grounds for legal separation in Wyoming are the same as the legal grounds for divorce. The petition must allege either that there are irreconcilable differences or that one spouse has become incurably insane and has lived in a mental institution for the past two years. Wyoming imposes a 20-day waiting period between the time when a petition for legal separation is filed and the time when the court will grant a legal separation.
As in a divorce, parties are able to settle issues such as child custody, spousal and child support, and the division of property in the course of obtaining a legal separation. Once these issues are decided, the court will issue an order binding both spouses. If spouses wish to modify the legal separation order, they will need to obtain court approval. Spouses are free to vacate the separation order and resume their marital relationship at any time, but they cannot marry other people unless they obtain a divorce.
Last reviewed January 2023
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