Typically, legal separation orders may be converted to a divorce at the request of either spouse, or revoked at the joint request of both spouses. They can be used to formalize a separation period while you make up your minds about whether to get divorced.

Many people ask if a legal separation is necessary before a divorce can be finalized. In most states, the answer is “no”, but a notable exception is New York, which requires that parties live apart for at least a year before a divorce can be granted. Most other states have a waiting period requirement (3 months to a year), but not a physical separation requirement.

You may separate without filing in court for a legal separation, and you do not need the blessing of the court to do so. You may wish to establish temporary orders for child support, alimony, and use of assets during a separation if you and your spouse are unable to negotiate these things yourselves. To do so, you must file papers in the court requesting these orders. This is typically done in either a divorce or legal separation, but court help is also available in informal separation situations. If you are conflicted about whether to stay in your marriage and want some terrific advice, see author and family therapist Mira Kirshenbaum’s blog at http://www.chestnuthillinstitute.com/index.php.

A physical separation is not the same as a “legal separation”. A legal separation is a specific court order which is made after filing papers with the court. A physical separation may be done informally, by one spouse simply moving out. In a legal separation, the court has the right to oversee your case, to make and enforce orders about how the separation will work. For a host of information on every aspect of separation and divorce, be sure to see our resource page at http://www.peace-talks.com/divorceinformation.php.

Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.

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