Being legally separated and dating

29 Apr

If you come to an agreement in one of these states with your spouse without making it being court ordered, you will have no legal protection under the law should your spouse decide not to follow the agreement.

Unlike divorce, a legal separation does not put an end to the marriage, it enables you to live separately but remain married.

If you file for a no-fault divorce in New York, you are not required to be legally separated first nor do you need to be legally separated in order to file using most fault grounds.

In two situations -- filing for divorce based on abandonment, and filing for a so-called "conversion" divorce -- you are required to live separately for a period of time before the divorce is granted.

During the time you are living apart, you have a court order that outlines the rights and responsibilities of each spouse.

All states except Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas recognize legal documentation of separation.

Your attorney will make application to the court so that a judge can sign your separation agreement.

Some states don't recognize a legal separation.

Legal separation is an alternative to divorce for people who can’t continue to live together but do not want to end their marriage.

A couple is legally separated after petitioning the court to recognize their separation.