Is there such a thing as a legal separation from your spouse? 34 Answers as of September 26, 2011

There is no "legal separation" in Texas. Either you are married or divorced.

In Colorado you can obtain either a Decree of Dissolution of Marriage or a Decree of Legal Separation from a court. The only difference is that when the Legal Separation decree is entered you are still legally married and thus prohibited from remarriage. A Legal Separation requires the agreement of both parties, while a Dissolution only requires the request of one party. There very, very few good reasons to seek a Legal Separation instead of Dissolution.

It is possible to obtain a legal separation (where you do not want to be divorced but you want to put provisions in place to structure your separate lives).

PA has no formal legal separation.

In California, yes, there is an option to either get divorced or legally separated. The process is exactly the same, with one difference. When the legal separation is completed you will still be legally married and hence cannot remarry unless and until you get divorced. Many people do not choose legal separation for just that reason. The reasons why certain people may choose legal separation instead of divorce is for instance one spouse wants to remain on the other spouse's health insurance and the only way to do that is to stay married, but the couple still wants to separate their lives, including getting orders on division of property, child custody, support, etc. The other reason is for religious purposes. Some people believe that according to their religious tenants it is a sin to get divorced. If you need more assistance, best to call a local family law lawyer.

It is possible to get a legal separation instead of a divorce. The court has the same authority as in a divorce. The main difference is you are not divorced so you cannot marry someone else. Later, the legal separation can be converted to a divorce if you want, or the case can be dismissed if you reconcile.

Florida does not have legal separation. However, you can enter into a separation agreement if you like. Otherwise, you would need to file for divorce. You should consult with an attorney.

Yes. In Washington, there is a think called a legal separation. In terms of procedure, it is pretty much the same as a divorce. However, there are some substantive differences. First, a legal separation does not dissolve the marriage. Thus, the two of you would still be married to each other. A legal separation does divide all the debts and property, and deals with child support and the parenting plan. Second, a legal separation may be converted to a divorce anytime more than 6 months after the decree of legal separation is entered.

Georgia does not recognize "legal separation." There are legal actions for divorce and "separate maintenance."

There is no statute that supports defines a legal separation. If you have reasonable belief that you will reconcile, you may want to think divorce. The longer you are married, the more complicated the divorce becomes.