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 Montana, legal separation is recognized and is governed by state statutes under the family or domestic relations code. Legal separation in Montana allows spouses to live apart while remaining legally married, and it can address issues such as division of property, child custody, child support, and spousal support. The process is similar to divorce in that it typically involves filing a petition with the court. The court may issue orders that outline the rights and responsibilities of each spouse during the separation period. Unlike some states, Montana does not require spouses to be legally separated for any specific period before they can file for divorce. However, if the parties decide to convert their legal separation into a divorce later on, the issues resolved during the legal separation can often be incorporated into the final divorce decree. It is important for individuals considering legal separation in Montana to consult with an attorney to understand their rights and obligations under state law.