Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.
And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.
But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.
Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.
In Connecticut, legal separation is a legally recognized status that is similar to divorce but does not legally end the marriage. Under Connecticut law, a legal separation is formalized through a court order, which addresses the same issues as a divorce, such as property division, child custody, child support, and alimony. The process for obtaining a legal separation in Connecticut involves filing a complaint with the court, similar to a divorce proceeding. The parties may also enter into a separation agreement that outlines their rights and responsibilities during the separation period. Unlike some states, Connecticut does not require spouses to be legally separated before filing for divorce. However, if the parties decide to reconcile after obtaining a legal separation, they can file a motion to have the separation revoked. If they wish to proceed with a divorce after being legally separated, they can convert the legal separation into a divorce after living apart for the statutory period required by Connecticut law.