Can I Get a Legal Separation Without Her Approval?

Question of the Day:

I have been separated from my spouse for nearly two years.  My spouse does not want to divorce til our youngest child is in school so she can go back to work full time. I agree with that, but I want at minimum a legal separation.  Can I file for a legal separation without her approval?  Does it have to have all the specifics in it that a decree does, or can I just file a document that says we are legally separated? – Troy

Answer:

Troy: You can file for a legal separation without your spouse’s approval and it will have some specifics, but not all of those covered in a final divorce decree.  But you don’t really need a legal separation.  You need a separation agreement, which is a private contract, and not a legal proceeding.