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DIY Divorce Guide

Separation Before Divorce

Complete divorce guide with state requirements and laws.
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Couples who have problems in their marriage often live apart at some point before they get divorced—or without ever getting divorced. And some states require spouses to live apart for a certain period of time before they can get a no-fault divorce.

No matter your living arrangement with your spouse, you’ll still be legally married until you get a final divorce. But it’s important to recognize that there are three different kinds of separation, with different legal implications:

  • Trial separation generally doesn’t affect your legal rights and responsibilities as a married couple.
  • Permanent separation, when you have no intention of getting back together, might affect your property rights, depending on your state’s law.
  • Legal separation (sometimes called judicial separation) is similar to a divorce except that you’re still legally married and can’t marry someone else. You have to go through a legal proceeding, and a judge usually may issue the same kinds of orders as in divorce—including property orders, alimony, child custody, and child support.

Whether you’re trying out living apart, are permanently separated, or are legally separated, you always have the option of creating a separation agreement with your spouse to work out how you’ll deal with support, custody of your children, the family home, and taking care of your finances while you’re separated. As long as you’ve both signed the agreement, it’s a legal contract between the two of you. But the agreement won’t be part of a formal court order unless you’ve got a legal separation decree or similar court order.

Laws on legal separation vary a lot from state to state. Some states don’t recognize any type of legal separation, while others have proceedings that are very similar to legal separation (such as divorce from bed and board or proceedings for separate maintenance). And even in states with similar terms for types of legal separation, the details are often different.

State Laws on Legal Separation and Separation Requirements Before Divorce

Here is a basic overview of state laws on separation requirements before divorce, legal separation, and similar court proceedings:

Alabama: In Alabama, you don’t have to live separately from your spouse before you can file for a no-fault divorce based on incompatibility or the irretrievable breakdown of your marriage. (Ala. Code § 30-2-1 (2022).)

Alabama allows couples to get a decree of legal separation. You must meet the same residency requirements as when you file for divorce in Alabama. The grounds for legal separation are similar to the state’s no-fault divorce grounds—except that you can also get a legal separation for the simple reason that you want to live apart from your spouse. (Ala. Code 30-2-40 (2022).)

Alaska: You don’t have to be separated from your spouse before filing for divorce in Alaska. You may file for a legal separation in Alaska if:

  • either you or your spouse is a state resident
  • the two of you are incompatible, and
  • continuing to be legally married will protect “significant legal, financial, social, or religious interests.”

In Alaska, the same couple may get a decree of legal separation only one time. (Alaska Stat. §§ 25.24.400, 25.24.410, 25.24.420, 25.24.450 (2022).)

Arizona: There’s no mandatory separation period before you can file for a divorce (dissolution of marriage) in Arizona. (Ariz. Rev. Stat. § 25-312 (2022).)

You may get a legal separation in Arizona if all of the following are true:

  • you or your spouse have lived in the state for at least 90 days before you file your petition for a separation
  • neither spouse has asked to have the case transferred to Arizona’s conciliation court
  • Arizona’s parent-education requirements don’t apply, or you’ve already taken a class
  • you want to live separately from your spouse, and
  • your spouse doesn’t object to the legal separation.

If your spouse objects, the judge will order that the proceeding be changed to a divorce.

Arizona law specifically requires that when you and your spouse have signed a separation agreement, the judge will make that agreement part of the separation decree unless it’s unfair (on the property issues), or the provisions regarding your children aren’t reasonable. (Ariz. Rev. Stat. §§ 25-313, 25-317 (2022).)

Arkansas: In order to get a no-fault divorce in Arkansas, you and your spouse must have lived separate and apart for at least 18 months, without interruption or cohabitation. It probably won’t count if you lived in separate rooms under the same roof. If you had what’s known as a covenant marriage in Arkansas (which has special requirements to get married and divorced), the minimum separation period for a no-fault divorce is at least two years, or longer if you were legally separated and have a child. (Ark. Code §§ 9-11-808, 9-12-301(5) (2022).)

Arkansas allows spouses to get a “divorce from bed and board,” which is essentially like a legal separation. However, the grounds are the same as for “absolute” (or regular) divorce. That means that you would have to prove that your spouse was guilty of a certain kind of misconduct (such as adultery, cruel treatment, or “indignities” that make your life intolerable) or that you were already living apart for the required amount of time. The same is true if you have a covenant marriage and want a legal separation. (Ark. Code §§ 9-11-808, 9-12-301 (2022).)

If you can’t meet the requirements for divorce from bed and board, Arkansas courts have found that you may ask a judge to award you “separate maintenance” (similar to alimony). You’ll only have to show that you’re separated from your spouse, you need the support, and you weren’t at fault. But with a separate maintenance award, the judge may not issue any of the other orders that could be part of divorce from bed and board (like property division).

California: You don’t need to be separated from your spouse before getting divorced in California. You may file for a dissolution of marriage in California as long as you or your spouse have lived for at least six months in the state and at least three months in the county where you file your papers. (Cal. Fam. Code § 2320(a) (2022).)

California allows you to file for a legal separation. The residency requirements, grounds (“irreconcilable differences”), and procedures for getting a judgment of legal separation are basically the same as for a divorce in the state. (Cal. Fam. Code §§ 2310, 2320, 2330 and following (2022).)

Colorado: There’s no separation requirement before you may file for divorce (dissolution of marriage) in Colorado. But you may file for a legal separation. The state’s residency requirements, grounds, and procedures for a legal separation decree are the same as for getting a divorce. (Colo. Rev. Stat. §§ 14-10-106, 14-10-107 (2022).)

Connecticut: You may file for divorce in Connecticut based on the fact that you and your spouse have been separated for 18 months, with no reasonable prospect of getting back together. But you don’t have to be separated at all when you simply state in your divorce complaint that you and your spouse have irreconcilable differences. If your spouse doesn’t agree that’s true, the judge will have to find no reasonable hope that the two of you will out your differences. (Conn. Gen. Stat. §§ 46b-40, 46b-51 (2022).)

Connecticut allows legal separations. The state’s residency requirements, grounds, 90-day waiting period, and other procedures for getting a divorce also apply to getting a legal separation decree. Connecticut law specifically says that a legal separation decree has the same effect as a divorce except for the right to remarry. (Conn. Gen. Stat. §§ 46b-40, 46b-44, 46b-67 (2022).)

Delaware: You and your spouse must be separated when you file for divorce in Delaware. At that stage of the divorce process, there’s no minimum amount of time for the separation. But the judge won’t grant your final divorce until you’ve been separated for six months. Usually, you may live under the same roof as long as you don’t share a bedroom or have sexual relations. However, genuine attempts at reconciliation—even when they involve sleeping together—won’t count as interrupting the six-month separation, as long as you and your spouse haven’t occupied the same bedroom or had sex with each other during the 30-day period just before the final hearing on your divorce. (Del. Code tit. 13, §§ 1505, 1507(e) (2022).)

Delaware has no procedure for a legal separation.

District of Columbia: You no longer have to meet a separation requirement before you may get a divorce in Washington, D.C. The District used to require couples to live apart for six months or a year (depending on whether they both agreed to the separation) before one of them could file for divorce. Now, however, you may simply declare on your divorce petition that you no longer want to remain married. (D.C. Code § 16-904 (2024).)

You may get a legal separation in the District of Columbia. The requirements and procedures are essentially the same as for divorce, except that after you've received a legal separation decree, you may apply to have it revoked or converted to a divorce. (D.C. Code §§ 16-902, 16-905 (2024).)

Florida: You don’t need to be separated before you may get a divorce in Florida. Also, the state doesn’t have a procedure for a legal separation.

Georgia: You and your spouse don’t have to live separately before you can get a divorce in Georgia. The state doesn’t recognize legal separation, but you may file a request for alimony if you and your spouse are living apart. A judge will rule on the request similarly to ruling on a request for temporary alimony during a divorce case. (Ga. Code § 19-6-10 (2022).)

Hawaii: You don’t have to be separated before you may file for divorce in Hawaii based on the no-fault ground that your marriage is “irretrievably broken.” Hawaii law does include other legal reasons for divorce based on a period of separation, either with or without a legal separation decree. But you don’t have to use those grounds. (Haw. Rev. Stat. § 580-41 (2022).)

You may get a legal separation in Hawaii. But the legal separation decree—and all of the court orders included in the decree—may not last for more than two years. (Haw. Rev. Stat. § 580-71 (2022).)

Idaho: You don’t need to be separated from your spouse before filing for divorce in Idaho, but the state does allow you to file for a legal separation. (Idaho §§ 32-603, 32-704(2) (2022).)

Illinois: You don’t need to be separated before you can file for divorce in Illinois, as long as the judge finds that you and your spouse had irreconcilable differences that caused an irretrievable breakdown of your marriage. That requirement will automatically be met if your and your spouse have lived separate and apart for six months. (750 Ill. Comp. Stat. § 5/401(a), (a-1) (2022).)

Illinois does recognize a form of legal separation, but it’s different than in most other states. In Iowa, legal separation judgments may only include orders for support and maintenance. The judge may approve a couple’s property settlement agreement but otherwise may not issue orders regarding their property as part of the legal separation. (750 Ill. Comp. Stat. § 5/402 (2022).)

Indiana: You don’t have to be separated for any period of time before you can file for divorce in Indiana. The state does have a procedure for legal separation, but the separation decree may not last for more than one year. (Ind. Code § 31-15-3-9 (2022).)

Iowa: There’s no separation requirement before you filing for divorce Iowa. The state does allow you to file a petition for separate maintenance (support payments). When you do, the procedures and rules will be the same as for a divorce case. (Iowa Code § 598.28 (2022).)

Kansas: You don’t have to live separately from your spouse before you can file for divorce in Kansas. You may file for separate maintenance in the state. Although Kansas law doesn’t use the term “legal separation,” a separate maintenance decree may include all of the same orders as in a divorce, including property division and child custody. When a couple has a written separation agreement, the judge will make it part of the separate maintenance decree, as long as it’s fair. (Kan. Stat. § 23-2701, 23-2711, 23-2712 (2022).)

Kentucky: You don’t have to be separated before you file for divorce in Kentucky, but you won’t be able to get your final divorce decree until you and your spouse have lived apart for at least 60 days. For purposes of that requirement, the two of you may live under the same roof, as long as you don’t have sexual relations.(Ky. Rev. Stat. § 403.170(1) (2022).)

You may file for a legal separation in Kentucky. If you and your spouse have a written separation agreement, the judge must make it part of the legal separation decree unless the agreement is “unconscionable.” (Ky. Rev. Stat. §§ 403.140(2), 403.180 (2022).)

Louisiana: You and your spouse must live apart for a period of time before getting a divorce in Louisiana. If you have minor children, the minimum separation period is 365 days. Without children, it’s 180 days. When you file for an “Article 103” divorce, you must’ve been separated for the relevant period of time by the time you file the divorce papers. Otherwise, you may file for an Article 102 divorce, and the judge will grant your divorce after you’ve met the separation requirement. Couples who have a covenant marriage in Louisiana (which has special requirements for both getting married and getting divorced) usually must be separated for two years before they can get divorced. (La. Civ. Code, arts. 102, 103, 103.1; La. Rev. Stat. § 9-307(A) (2022).)

Louisiana allows couples in covenant marriages to file for ”separation from bed and board,” which is similar to legal separation. (La. Rev. Stat. § 9-307(B) (2022).) Otherwise, there’s no procedure in the state for most married couples to get a legal separation.

Maine: There’s no separation requirement before you may file for divorce in Maine. You may file for legal separation (known as “judicial separation” in Maine) as long as you are living apart or want to live apart from your spouse for more than 60 days. (Me. Rev. Stat. tit. 19-a, § 851 (2022).)

Maryland: There’s no separation requirement to get a “mutual consent” (uncontested) divorce in Maryland, as long as you and your spouse have a written marital settlement agreement that covers all of the issues in your divorce. If you want a no-fault divorce but don’t have a settlement agreement you’ll need to live separately from your spouse for 12 continuous months before you file your divorce papers. (Md. Code, Fam. Law § 7-103(a)(4), (8) (2022).)

You may file for a “limited divorce” in Maryland, which is similar to legal separation. (Md. Code, Fam. Law § 7-102 (2022).)

Massachusetts: You don’t have to live apart from your spouse before filing for divorce in Massachusetts. The state doesn’t recognize legal separation per se, but you may file a petition for separate support and maintenance if you’re separated. As long as you have a “justifiable cause” for living apart from your spouse, the judge may issue orders regarding custody of your children, as well as support, and may order one spouse to leave the family home. But the judge may not divide your property in a separate maintenance proceeding. (Mass. Gen. Laws ch. 208, § 34B; ch. 209, §§ 32, 32F (2022).)

Michigan: You don’t have to be living apart from your spouse before you may file for divorce in Michigan. The state doesn’t recognise legal separation per se, but it does have a similar procedure: filing for separate maintenance. The same grounds and other requirements in divorces apply to separate maintenance proceedings, and the judge may issue the same types of orders—except to end your marriage. (Mich. Comp. Laws § 552.7 (2022).)

Minnesota: You don’t have to be separated from your spouse before filing for divorce in Minnesota. However, you may file for a legal separation in the state. The rules and procedures for a legal separation are the same as for a divorce. (Minn. Stat. § 518.06 (2022).)

Mississippi: You don’t have to be separated from your spouse in order to file for divorce in Mississippi. The state doesn’t recognize legal separation, nor does it have any laws on proceedings for separate maintenance. But Mississippi courts have long held that judges have the authority to award separate maintenance (similar to alimony) when married couples aren’t living together. You may file a petition for separate maintenance as long as you’ve lived in the state for six months.

Missouri: You don’t have to be separated before filing for an uncontested divorce in Missouri if you and your spouse agree that your marriage is irretrievably broken. If you’ve filed for divorce on that ground and your spouse disagrees, the judge will find that your marriage is actually broken if you’ve lived apart from your spouse for 24 months, or 12 months if you and your spouse both agreed to the separation. (Mo. Rev. Stat. § 453.320 (2022).)

Missouri recognizes legal separation. A judge must find that there’s a reasonable chance the marriage can be saved before entering a legal separation judgment—in other words, that the marriage is not irretrievably broken. The residency requirements are the same as for divorce, and the judgment must address the same issues as in a divorce. The judge will follow a couple’s written separation agreement unless it’s “unconscionable.” (Mo. Rev. Stat. § 452.305(2), 452.325 (2022).)

Montana: You don’t need to be separated from your spouse to file for an uncontested divorce in Montana, as long as you and your spouse agree that your marriage is irretrievably broken because of “serious marital discord,” with no reasonable prospect of getting back together. (Mont. Code §§ 40-4-105, 40-4-107 (2022).)

You may file for a decree of legal separation in Montana. The grounds for legal separation and procedures are basically the same as for a divorce. The judge will follow the provisions in your written separation agreement unless they are “unconscionable.” Once at least six months have passed since you got the legal separation decree, you may ask the court to convert it to a divorce (dissolution) decree. (Mont. Code §§ 40-4-104(2), 105, 107, 108, 121, 201 (2022).)

Nebraska: You don’t have to live apart from your spouse before getting a divorce in Nebraska. The state recognizes legal separation. If you don’t yet meet the residency requirements to file for divorce in Nebraska, you may file a complaint for legal separation. Then, after you or your spouse has lived in the state for a year, you may amend the complaint to request a divorce (dissolution of marriage). The judge may issue your legal separation decree without a hearing if you and your spouse have a written separation agreement and certify that you will continue to live apart. (Neb. Rev. Stat. §§ 42-350, 42-361.01 (2022).)

Nevada: There’s no live-apart requirement when you file for a no-fault divorce in Nevada based on incompatibility. (Nev. Rev. Stat. § 125.010 (2022).)

You may file for separate maintenance in Nevada, which is similar to a legal separation. The procedures for separate maintenance proceedings are the same as for a divorce, and the judge may issue the orders regarding property and child custody, as well as support. (Nev. Rev. Stat. §§ 125.190, 125.210, 125.230, 125.250 (2022).)

New Hampshire: You don’t need to live apart from your spouse before filing for a no-fault divorce in New Hampshire based on irreconcilable differences.

You may file for legal separation in New Hampshire. The procedures are the same as for a divorce, and judges may issue the same types of orders as in divorces. If you and your spouse file a declaration with the court stating that you’ve resumed marital relations, any legal separation orders related to support and custody will no longer be effective. But any orders related to property division will stay in place. (N.H. Rev. Stat. §§ 458:26, 458:27, 458:28, 258:29 (2022).)

New Jersey: You may file for a no-fault divorce in New Jersey based on irreconcilable differences that have caused a breakdown in your marriage for six months, but that doesn’t mean that you must have lived apart from your spouse for that time. However, you do have the option of filing for divorce based on the fact that you and your spouse have lived apart for at least 18 months. (N.J. Rev. Stat. § 2A:34-2 (2022).)

New Jersey allows you to file for “divorce from bed and board,” which is similar to legal separation. This procedure deals with the same issues as in an “absolute divorce” (or dissolution of marriage), and a judgment of divorce from bed and board will have the same effect on your property rights as if you’d gotten a regular divorce. The only difference is that you’ll still be legally married. (N.J. Stat. §§ 2A:34-3(a), 2A:34-6 (2022).)

New Mexico: You don’t have to live apart from your spouse before filing for divorce in New Mexico. (N.M. Stat. § 40-4-1 (2022).)

Although New Mexico law doesn’t use the term “legal separation,” it does have a legal procedure that’s essentially the same thing. As long as you and your spouse are permanently separated and no longer have marital relations, you may file a proceeding for the division of property, child custody, child support, and alimony without asking for a divorce. (N.M. Stat. § 40-4-3 (2022).)

New York: You don’t have to live apart from your spouse before you file for a no-fault divorce in New York based on the irretrievable breakdown of your marriage. However, you also have the option of filing for divorce based on the fact that you’ve lived apart from your spouse for at least a year, either with a separation agreement or after a legal separation judgment. (N.Y. Dom. Rel. Law § 170(6), (7) (2022).)

You may file for a legal separation judgment in New York, but only on “fault grounds.” That means that you’d have to claim—and prove—that your spouse engaged in a certain kind of misconduct, like adultery, cruelty, or abandonment. (N.Y. Dom. Rel. Law § 200 (2022).)

North Carolina: You and your spouse must live apart for a full year before you can get a divorce in North Carolina. (N.C. Gen. Stat. § 50-6 (2022).) The state’s courts won’t count staying in separate rooms under the same roof as living “separate and apart.”

North Carolina allows you to file for “divorce from bed and board,” which is similar to legal separation, but you’ll have to prove that your spouse committed one of the types of misconduct listed in the law. Along with traditional “fault” grounds like adultery, abandonment, and cruel treatment, the law includes a somewhat vague kind of misconduct: subjecting you to “indignities” that have made your life intolerable. (N.C. Gen. Stat. § 50-7 (2022).)

North Dakota: There’s no living-apart requirement before you can get divorced in North Dakota. You may file for a permanent separation decree for any of the same legal reasons as when you file for divorce in North Dakota. (N.D. Cent. Code §§ 14-05-03, 14-05-03.1 (2022).)

Ohio: Ohio has two different categories of divorce. A “dissolution of marriage” in Ohio is what’s usually known as an uncontested divorce, meaning that you and your spouse have agreed on all the issues. A contested divorce is simply called “divorce” in Ohio. There’s no separation requirement when you file for a dissolution of marriage in Ohio. You also don’t need to be living apart from your spouse when you file for a contested divorce based on incompatibility, as long as your spouse doesn’t deny that the two of you can’t get along. Otherwise, the other no-fault ground for contested divorce requires that you and your spouse lived separately for a year before you filed your divorce papers. (Ohio Rev. Code § 3105.01(J), (K) (2022).)

You may file for legal separation in Ohio based on any of the same grounds as for divorce, or you can simply state that you and your spouse are already living apart. In a legal separation, the judge may issue orders for property division, spousal support (alimony), child custody, and child support. (Ohio Rev. Code §§ 3105.17, 3105.171, 3105.18, 3105.21 (2022).)

Oklahoma: There’s no separation requirement when you file for divorce in Oklahoma based on incompatibility, but you may file a petition for legal separation in the state. (Okla. Stat. tit. 43,§§ 101, 103, 105 (2022).)

Oregon: You don’t have to be separated before you may file for divorce in Oregon. You may get a judgment for legal separation in the state if one of you lives in Oregon and one of the following is true:

  • you and your spouse have irreconcilable differences that have caused a temporary or permanent breakdown in your marriage
  • staying married would protect your legal, financial, social or religious interests, despite your differences, or
  • you and your spouse have filed a separation agreement with the court, and a judge finds that the agreement is fair.

The legal separation judgment must state how long it will last. Otherwise, the same basic requirements and procedures for divorces also apply in legal separation proceedings. (Or. Rev. Stat. §§ 107.025, 107.036(4), 107.075(3) (2022).)

Pennsylvania: When you file for an uncontested “mutual consent” divorce in Pennsylvania, you and your spouse don’t need to live apart before you file your papers or get your final divorce. But if you’re filing for a contested divorce based on the ground of irreconcilable differences, you must have lived apart for at least a year before the judge will grant your final divorce. (23 Pa. Cons. Stat. § 3301(c), (d) (2022).)

Pennsylvania doesn’t recognize legal separation..

Rhode Island: When you file for a no-fault divorce in Rhode Island based on irreconcilable differences, you don’t have to live apart from your spouse before you file your papers or get your final divorce. (R.I. Gen. Laws § 15-5-3.1 (2022).)

In Rhode Island, you may file a complaint for “divorce from bed and board,” which is similar to legal separation. (R.I. Gen. Laws § 15-5-9 (2022).) The state’s court forms refer to this procedure as a “Complaint for Separate Maintenance Without Commencement of Divorce Proceedings.” In addition to separate maintenance for yourself, you may request orders for child support and custody.

South Carolina: You must have lived separate and apart from your spouse for a year before you may file for a no-fault divorce in South Carolina. (S.C. Code 20-3-10(5) (2022).) Sleeping in different bedrooms in the same home doesn’t count for the separation requirement.

Although South Carolina doesn’t formally recognize legal separation, the state’s courts allow you to file a complaint for an order of separate maintenance and support, as long as you are living apart from your spouse. In the separate maintenance proceedings, the judge may typically issue the same kinds of orders as in a divorce. If you have a separation agreement, the judge will usually approve it unless it’s unfair.

South Dakota: There’s no living-apart requirement to get a divorce in South Dakota. You may file for legal separation in the state, based on irreconcilable differences. The requirements and procedures in a legal separation proceeding are basically the same as in a divorce case. (S.D. Codified Laws § 25-4-17.2 (2022).)

Tennessee: When you file for divorce in Tennessee based on irreconcilable differences, you don’t have to live apart from your spouse before filing the papers or getting your final divorce. (Tenn. Code § 36-4-101(14) (2022).)

You may file for legal separation in Tennessee. The requirements and procedures will be basically the same as in a divorce case. (Tenn. Code §§ 36-4-102, 36-4-106 (2022).)

Texas: There’s no living-apart requirement when you file for divorce in Texas based on the ground that your marriage has become “insupportable.” (Tex. Fam. Code § 6.001 (2022).)

Texas law doesn’t recognize legal separation.

Utah: When you file for divorce in Utah based on irreconcilable differences, you don’t need to live apart from your spouse before you file the papers or get your final divorce. (Utah Code § 30-3-1(3)(h) (2022).)

You may file for separate maintenance (similar to legal separation) in Utah, but only if you're living apart from your spouse through no fault of your own, or your spouse won’t provide you with support and could do so. The procedures in a separate maintenance case are almost the same as in a divorce case. (Utah Code §§ 30-4-1 through 30-4-5 (2022).)

If you aren’t eligible to file for separate maintenance, you may file a motion for a temporary separation order and other temporary orders, as long as you and your spouse have been living in Utah for 90 days. These orders may last no longer than one year. Utah Code § 30-3-4.5 (2022).)

Vermont: When you file for a no-fault divorce in Vermont, you and your spouse have lived apart for six consecutive months before your final divorce hearing. (Vt. Stat. tit. 15, § 551(7) (2022).)

Vermont recognizes legal separation. The rules and procedures are basically the same as for a divorce. The legal separation decree may last for a limited amount of time or forever. (Vt. Stat. tit. 15, § 555 (2022).)

Virginia: To file for a no-fault divorce in Virginia, you and your spouse have lived separately and apart for:

  • one continuous year, or
  • six continuous months, if you don’t have any minor children together, and you both have signed a separation agreement.

(Va. Code § 20-91 (2022).)

You may not get a legal separation in Virginia.

Washington: You don’t have to be living apart from your spouse before you file for divorce in Washington. You may file for legal separation. The requirements and process for getting a legal separation are essentially the same as for divorce. (Wash. Rev. Code §§ 26.09.020, 26.09.030 (2022).)

West Virginia: There’s no separation requirement before filing for divorce in West Virginia based on irreconcilable differences. (W. Va. Code § 48-5-201 (2022).)

You may file for separate maintenance (similar to legal separation) if:

In a proceeding for separate maintenance, the judge may issue any of the same orders as in a divorce (except for ending the marriage). (W. Va. Code §§ 48-4-102, 48-4-103 (2022).)

Wisconsin: There’s no separation requirement before you may file for divorce in Wisconsin. But if your spouse doesn’t agree that your marriage is irretrievably broken, a judge will have to decide whether you’ve met that ground for divorce. And if you’ve been voluntarily living apart for 12 months just before you file for divorce, that will be enough for the judge to decide that your marriage is broken. (Wis. Stat. § 767.315(1) (2022).)

You may file for a legal separation in Wisconsin. The requirements and process are basically the same as in a divorce case. You may convert a legal separation judgment to a divorce judgment, but only after a year has passed. (Wis. Stat. § 767.35 (2022).)

Wyoming: Wyoming doesn’t require that you live apart from your spouse before getting a divorce in the state. You may file for a “judicial separation” (the state’s term for legal separation) in Wyoming. The requirements and process will be the same as in a divorce case, and the judge may issue the same types of orders. (Wyo. Stat. § 20-2-106 (2022).)

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