First, a legal separation does not end your marriage.You cannot remarry if you are legally separated but not divorced.
Then you’ll need to gather all of the necessary evidence and build a case to establish your spouse’s fault. In court, you and your attorney will present your case, and the court will decide whether to grant a legal separation.
An attorney can help you defend against false accusations.
For example, your actions may have been in reaction to your spouse’s bad behavior, your spouse may have already forgiven you for your actions or your spouse may have encouraged your actions. A legal separation agreement will include a plan regarding the custody and care of the couple’s children.
However, your spouse could become bitter if they learn that you have already started another relationship before the divorce decree is entered.
This could create hostility and complicate negotiations on matters such as alimony or custody. It is not against the law to date another person while still married.
But there are practical and legal considerations to keep in mind.