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 the state of Delaware, there is no formal status of legal separation recognized by state statutes. Unlike some other states, Delaware does not offer a distinct legal process or court orders specifically for the period of separation prior to a divorce. Spouses in Delaware may live apart and may enter into a separation agreement to outline the division of assets, child custody, and other responsibilities; however, this agreement is not a court-supervised legal separation. The state requires that spouses live separate and apart without cohabitation for a minimum of six months before a no-fault divorce can be granted. It is important for individuals considering separation or divorce in Delaware to consult with an attorney to understand their rights and obligations during the separation period and to ensure that any agreements made are legally sound and enforceable.