Not all states recognize legal separation. In those that do, legal separation is an option for spouses who don't want to live together, but aren't ready to terminate their marriage completely. The process of legal separation varies by state, but the general process is very similar throughout. More than just trial separation, which involves you or your spouse moving out, legal separation alters the rights and obligations between you and your spouse.
Filing
Like a divorce, legal separation begins with one or both spouses filing a document requesting action by the court. Most states call this document a complaint or petition, and some states even use the same form for both divorce and separation. Most states require you or your spouse be a resident before filing for separation. Unless you and your spouse file jointly with complete agreement on all terms of the separation, a copy of the complaint or petition must be served on your spouse in accordance with the laws of service in the state in which you've filed.
Issues
In a state that grants legal separation, sometimes called "divorce from bed and board," you and your spouse will first have to resolve various issues. These range from the separation of property and responsibility for debt to child custody and payment of maintenance, the equivalent of alimony in divorce. To some extent, state law will govern how these issues are decided, but, as in divorce, you and your spouse generally have wide latitude to reach your own private decisions on these issues.
Temporary Orders
If you and your spouse do not have full agreement about the terms of the separation at the time of filing, one or both of you can request temporary orders from the court regarding any of the issues being addressed by the separation. Generally this happens because you and your spouse do not agree on an important matter, such as child custody, and need the court to intervene to create a workable environment while the separation is pending. The court conducts a hearing to determine whether to grant a motion for temporary orders.
Separation Agreement
Before a final hearing, the court may schedule a variety of other preliminary hearings. These are usually intended to facilitate settlement of any unresolved issues, but if an agreement is not forthcoming these meetings also inform the court as to which issues need to decided by law. At a final hearing the court will apply state law and dictate the remaining terms of the separation. However they're decided, all the terms of the separation are drafted into a separation agreement, which is filed with the court for approval.
Conversion
Anytime after legal separation is granted either spouse can request the separation be converted into a full divorce. This may happen, for example, if you or your spouse wants to remarry. Generally, the court will presume the terms of the separation agreement will be carried over into the divorce, but either spouse can contest this presumption by showing good cause for the terms to be altered.
