What Happens if I File for Legal Separation and My Spouse Files for Divorce?
A Court can grant a decree of
legal separation only if it finds that (a) both parties desire to live separate
and apart, and (b) neither party objects to a legal separation.
If either party objects to the
legal separation, the Court will convert the case into a divorce, or dissolution
Therefore, if you file for legal
separation, and your spouse does not agree and instead files for divorce, the
Court cannot grant a legal separation, and the case will be processed as a
dissolution of marriage. Other than religious grounds, there are usually not
strong legal reasons for pursuing a legal separation instead of a divorce.