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 Georgia, there is no formal legal status known as 'legal separation.' Unlike some other states, Georgia law does not recognize a separate legal process for spouses who wish to live apart without divorcing. However, spouses in Georgia can still live separately and may enter into a separation agreement. A separation agreement is a contract between the spouses that can outline the division of assets, child custody arrangements, and support obligations while they are living apart. While this agreement can set the terms for the separation period, it does not grant a legal separation status as understood in other states. To end a marriage in Georgia, the parties must go through the divorce process. There is no requirement in Georgia for spouses to be separated for any period of time before filing for divorce.