Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.

And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.

But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.

Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.

In Wisconsin, legal separation is a legally recognized status that is distinct from divorce. It allows spouses to live apart while remaining legally married. The process of legal separation in Wisconsin is similar to divorce and is supervised by the court. The court can issue orders regarding child custody, support, property division, and other matters during the period of legal separation. Spouses may also enter into a written separation agreement that outlines their rights and responsibilities during the separation. Unlike some states, Wisconsin does not require spouses to be legally separated for any specific period before they can file for divorce. However, if the spouses have lived apart for at least 12 months, this can be a ground for divorce. The laws governing legal separation in Wisconsin can be found in the state's statutes, specifically within the family or domestic relations code.