Legal separation is a procedure through which a couple is separated while remaining legally married. Legal separation also termed as judicial separation is a substitute for those people who can't continue to live together but do not want to end their marriage. Just living apart does not represent a legal separation. The couple has to enter a petition in court in order to recognize their separation.

Legal Separation is beneficial in many cases. Most of the couples are not sure of whether they want a divorce or not. Legal separation provides the couple a chance to live separately and consider their decision. As they will still be married; thus reconciliation becomes much easier. Also in some cases moral or religious beliefs conflict with the idea of divorce to which legal separation provides the solution.

One of the most common reasons for preferring judicial separation over divorce is the financial issues. Such a separation allows the maintenance of medical benefits, some insurance or tax benefits and certain other benefits that divorce would bring to an end. Also it helps in making pro tem financial preparations. The couple can also decide regarding each other's financial responsibilities and can then perform them before they actually go for divorce. After divorce these financial responsibilities are termed as "separate maintenance". Sometimes spouses will wish to postpone their formal divorce until they have been married long enough to be eligible for certain Social Security or pension benefits.

Divorce Waiting Periods is also a reason. The couple may not wish to live together during the period of time their state requires them to wait before divorce. Thus they can always go for judicial separation. Also in some cases it can be complicated to get a full and final divorce. The couple can then show their seriousness about divorce by living apart for an extended period of time. This assures the couple a slot in the court's schedule whenever they file for a full divorce.

In judicial separation the court specifies the responsibilities and roles of each spouse after separation. Such issues are formally addressed in a Separation Agreement. The contract is designed to resolve any property, debt, alimony, child custody, visitation, insurance, tax, and child support issues that may lie between the spouses. It may also address issues like which religion the child will practice, who will take care of the pets, who will pay the bills, joint bank accounts etc. Your lawyer will provide the list of issues typically addressed in a separation agreement. After acknowledgment both husband and wife sign this contract. If the decision to divorce is made, the legal separation agreement can be converted into a divorce settlement agreement. For the couple to proceed with a divorce, they must file for divorce explicitly in court.