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Legal separation, much like all divorce laws – is on a state by state basis. Each state has different laws. If you fulfill the residency requirement of your state, then you are obligated to file the divorce in that state – and thus, you’re governed by the rules in that state as well.
Legal separation is a legal agreement that allows husband/wife to live separately, and formalize the separation of things like spousal support, child custody, visitation rights, etc. It’s not equivalent to a divorce, and recognizes the fact that the couple could reunite later. It doesn’t terminate the marriage, or allow the parties to remarry.
If your state doesn’t allow legal separation, then you need to make some hard choices.
- Do I really want to separate? It might still be possible to separate, but it’ll extremely difficult.
- You can move to another state, and attempt to fulfill the residency requirements of that state. If you live in another state, and qualify as a resident of that state – then you can file for a legal separation in that state. This would make it so you can “get around,” the issue of your own state not allowing legal separation.