Legal separation is a possibility for these two people.

I want a divorce.

- Oh, shoot,

Shoot, really? I'm done, I am done here. That's it.

- You don't want a divorce.

I want a divorce.

- No, there's lawyers, there's craziness, you're going to lose your health insurance from my employer, and then what if we get back together again?

Really? We get back together again?

- Yeah, maybe. Well, maybe there's something less extreme.

Less extreme like what?

- I don't know.

Legal separation is a possibility for these two people.

Legal separation is an alternative to divorce for people who can't continue to live together, but do not want to end their marriage.

A couple is legally separated after petitioning the court to recognize their separation. Simply living apart does not constitute a legal separation, you have to file papers with the court. All states except Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas, recognize legal documentation of separation. Other countries also have different concepts regarding legal separation. If you have lived outside the US, your assumption about separation may be incorrect. In Germany, for example, separation is part of the divorce process. 

In Germany or Russia, you may file for divorce only if you have lived apart for at least one year. Here in California, being legally separated means, you're no longer married but you're not divorced either. In California, divorce and legal separation are two separate procedures. Separation is not a required part of the divorce process.

Why consider legal separation versus divorce? There are several valid reasons why people choose to legally separate but remain married to one another:

• You and your spouse oppose divorce for religious or moral reasons,
• one spouse will soon become eligible for their spouse’s governmental benefits such as social security.
• One spouse will remain eligible for the other spouse's healthcare or insurance benefit if they remain married.
• There are tax benefits if you and your spouse remain married to one another. 
• You and your spouse think there is a chance you may reconcile after you have lived apart from one another. 
• You are not yet eligible to file for divorce under your state residency requirements or waiting period, but want a court to sanction separation agreement, until you're eligible to file for divorce. 
• You and/or your spouse, find it less stressful to negotiate a separation agreement than to negotiate a divorce agreement.

As you can see in most states, divorce is not the only option for couples who are having difficulties and want time apart. A legal separation is a reasonable alternative in many cases, and you should ask your attorney about it.