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 Louisiana (LA), legal separation is not recognized in the same way it is in some other states. Instead, Louisiana law provides for something called 'separation from bed and board' in certain circumstances. This is a form of separation that is recognized by the courts and can be granted for specific reasons, such as adultery or abuse. While separated from bed and board, the spouses are still legally married but certain legal obligations are suspended. Louisiana does not require a period of separation before a divorce can be filed. The state's laws regarding separation and divorce are found in the Louisiana Civil Code, particularly under the section pertaining to the covenant marriage and the regular marriage process. It is important for individuals considering separation or divorce in Louisiana to consult with an attorney to understand their rights and obligations under the state's unique legal framework.