One spouse needs to meet a six-month residency requirement, and one or both spouses must want to live separately.
You must file the legal separation complaint with the court and pay the filing fee.
Additionally, while every state is now a no-fault divorce state, marital misconduct can still be considered in some situations.
Adding a new relationship into the mix before your old one is legally over can damage those relationships more than the divorce process itself, sometimes irreparably.
Additionally, when children are involved and they see one parent moving back into the dating scene before a divorce has been finalized, it can have a severely negative effect on the dating spouse's relationship with their child or children.
For example, the judge might disapprove of the dating spouse's behavior and develop a bias against them.
While such a bias is ostensibly unacceptable in the U. legal system, judges are human and biases are natural and even probable in some instances.