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 Mississippi, there is no formal process or recognized status for legal separation as it is understood in some other states. Unlike states that have specific statutes allowing for legal separation, Mississippi law does not provide for a court-supervised separation with legally binding separation orders. Spouses in Mississippi remain legally married with all the attendant rights and responsibilities until they obtain a divorce. While Mississippi does not have a legal separation statute, couples may still live apart and may enter into a separation agreement that outlines the division of assets, child custody, and other matters; however, such agreements are not the same as a court-ordered legal separation and do not change the legal status of the marriage. To end a marriage in Mississippi, the parties must go through the divorce process, which is governed by the state's divorce laws.