Either spouse in a marriage can separate from the other spouse without the need to obtain a court order of Divorce. A legal separation does not end a marriage. It is an informal procedure which is used when spouses want to live apart from each other and decide on money, property, and parenting issues jointly and amicably. The Court will not intervene in a Legal Separation, unless one spouse wants the Court to make orders regarding support, custody, visitation and community obligations while separated. Only then, an action for legal separation needs to be filed with the Court.

In a lot of ways, an action for Legal Separation and Dissolution of Marriage is the same. Both actions permanently resolve issues of support, custody, visitation and property division. However, during an action for Legal Separation the parties remain married. This action would be ideal for individuals who, because of religious or moral grounds, do not want to get a divorce or if they simply want to allow themselves the chance to resume their marriage after a period of separation. For others, the decision to file for Legal Separation versus Dissolution of Marriage can be based on a desire to allow employer-supplied health insurance coverage to continue for both spouses. Most employer-supplied health insurance policies allow the receiving spouse to ensure continued coverage for his or her immediate family members, such as children and spouse. However, upon an entry of divorce, the health insurance coverage for the non-receiving spouse terminates. It is imperative that you discuss your concerns and needs when choosing which course of action to take.