If one spouse or partner leaves the relationship with the intention of ending it, the couple is separated, whether or not the other person agrees.
You cannot force your spouse or partner to remain in the relationship because you do not want to separate from them. There is no such thing as being ‘legally separated’ in Canada.
One spouse must file a petition with the court and a judge decides issues of property, support and custody, much as he would in a divorce.
At the end of the litigation, the court issues a decree of legal separation.
Some spouses use the term 'legally separated' to refer to the fact that they have a signed separation agreement settling their family law problems with one another.
Having a signed separation agreement does not mean that spouses are divorced.
The significance of committing adultery also varies from state to state.
In the Divorce Act there is only one official reason for a divorce: marriage breakdown.
According to this statute, there are 3 ways that marriage breakdown can happen: You and your spouse must have lived separate and apart for at least one year prior to a Divorce Judgment.
Some states consider a couple legally separated when they have signed a separation or marital settlement agreement and relocated to separate homes.
A separation agreement is a binding contract, but the contract is between the spouses and doesn't involve the court until they’re divorced and it becomes part of a decree. In other states, legal separation is a process similar to divorce.