The process involves a formal court proceeding initiated by one spouse to live separately from their partner while remaining legally married. This action allows couples to resolve issues such as property division, spousal support, child custody, and visitation without formally dissolving the marriage. The procedure begins with the filing of specific legal documents with the Superior Court in the county where either spouse resides.
Undertaking this legal step offers several advantages. It provides a structured framework for resolving marital disputes, ensuring that agreements are legally binding and enforceable. It can also maintain eligibility for health insurance or other benefits tied to marital status, a consideration for individuals nearing retirement or with specific healthcare needs. Historically, it served as a preliminary step before divorce, allowing couples time for reconciliation while addressing immediate concerns.