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 Tennessee, legal separation is a recognized legal status that allows spouses to live apart while remaining legally married. The process can be supervised by the court, which may issue orders regarding matters such as child custody, child support, alimony, and property division. Tennessee law allows for the creation of a separation agreement, which outlines the rights and responsibilities of each spouse during the separation period. This agreement can be made into a court order if both parties agree and the court approves it. Unlike some states, Tennessee does not require couples to undergo a period of legal separation before they can file for divorce. However, if a couple chooses to legally separate, they must file a complaint for legal separation, and the court must find that there are grounds for legal separation, similar to those required for divorce. It's important for individuals considering legal separation in Tennessee to consult with an attorney to understand their rights and obligations under state law.