Either spouse in a marriage can separate from the other spouse without the need to obtain a court order. However, if one of the spouses wants the court to make orders regarding support, custody, visitation, payment and community obligations while separated then an action for legal separation needs to be filed in the court with competent jurisdiction. The need to file an action for Legal Separation is alleviated if the parties can agree amongst themselves to resolve these issues while separated.

In a lot of ways, an action for Legal Separation and Dissolution of Marriage is the same. Both of the actions permanently resolve issues of support, custody, visitations and property division. However, during an action for Legal Separation the parties remain married. This action would be ideal for individuals who because of religious or moral grounds do not want to get a divorce or if they simply want to allow themselves the chance to resume their marriage after a period of separation. For others the decision to file for Legal Separation versus Dissolution of Marriage can be based on a desire to allow employer-supplied health insurance coverage to continue for both spouses. Most employer-supplied health insurance policies allow the receiving spouse to ensure continued coverage for his or her immediate family members, such as children and spouse. However, upon an entry of divorce, the health insurance coverage for the non-receiving spouse terminates. It is imperative that you discuss your concerns and needs when choosing which course of action to take.