ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Separation and Separate Maintenance

Does a person have to be legally separated before obtaining a divorce?

No. In most states, a couple can proceed straight to a divorce without first seeking a legal separation. While waiting for the divorce, the couple might live separately (without a formal agreement); or, in some states, they could even live together pending the final divorce. A few states do require a period of separation before a divorce can be granted.