What is a Legal Separation?

Whether you have separated from your spouse depends on the facts of your situation. It is possible to be separated while still residing in the same home. Usually, the parties can agree on when they separated. If they cannot, a court will rule on this. The court will examine all the facts to discover whether, (a) there has been a physical separation and (b) whether one or both parties has withdrawn from the matrimonial obligation with the intent of destroying the matrimonial relationship. If you have separated from your spouse, or wish to do so, you may wish to consult a lawyer to learn in detail what your rights and obligations are.