Separation without cohabitation for at least six months, if the separation is mutual and voluntary (in other words, if you and your spouse agree to separate), OR Separation without cohabitation for at least one year, if one of you does not agree to the separation and divorce, then the required separation period is one year.
Filing For Legal Separation
Legal Separation is a court-decreed right to live apart, with the rights and obligations of divorced persons, but without divorce. The parties are still married and cannot remarry. A spouse may petition for a legal separation usually on the same basis as for a divorce, and include requests for child custody, alimony, child support and division of property. For people who want to avoid the supposed stigma of divorce, who hold strong religious objections to divorce or who hope to save a marriage, legal separation is an apparent solution. With more states allowing no-fault divorce, the use of separation agreements and informal separation, legal separation is rarely used.
Mutual and Voluntary Separation
This ground is the same as the ground for absolute divorce described above. However, there is no minimum time period required for the separation prior to filing the legal separation case. Continuous Separation for One Year This ground is the same as the ground for absolute divorce described above. Additional information You can obtain additional information concerning divorce or legal separation and receive help completing the necessary court papers to file a divorce or legal separation by visiting the Family Court Self Help Center, Room JM 570 of the Superior Court.