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 North Dakota, legal separation is recognized and is governed by state statutes found in the North Dakota Century Code (NDCC), specifically within the family or domestic relations chapters. Legal separation in North Dakota allows spouses to live apart while remaining legally married, and it can be established through a court order. The court-supervised process results in a decree of legal separation that outlines the rights and responsibilities of each spouse during the separation period, including matters related to child custody, support, and property division. North Dakota law does not require spouses to be legally separated before filing for divorce; however, the terms of a legal separation agreement or decree may be incorporated into a subsequent divorce decree if the parties decide to proceed with a divorce. It's important for individuals considering legal separation in North Dakota to consult with an attorney to understand the specific legal implications and to ensure that their rights are protected during the separation process.