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The process for a legal separation in the District of Columbia (D.C.) begins when one spouse files a motion (request) with the court. In your application, you must include the date of your marriage and separation, and a statement indicating that at least one spouse has lived in the state for a minimum of six months.
Ing to the DC Code §16-904, a couple may opt for a legal separation if the two partners are willingly living apart or living under the same roof but aren't cohabiting. The law only demands that both parties pursue separate lives and don't share the same bed.
You and your spouse can live separate and apart even if you are living in the same house or apartment. However, you will have to convince the court that you have shared ?neither bed nor board? and that you have led separate lives.
Separation can allow you to tackle various aspects of the divorce process, such as establishing a child custody arrangement and dividing marital property, more calmly. Without court fees and timelines hovering over their heads, spouses may find navigating these legal disputes significantly easier during separation.
The main difference between a Legal Separation and a Divorce is that when the proceeding is over, you will still be married to your spouse. A Legal Separation is a court proceeding but it does not dissolve your marriage. Only a divorce ends your marriage and gives you the freedom to remarry.