Do I need to go to court?

Yes, you need to go to court for a legal separation. While a legal separation is characterized by a legally married couple living apart, it involves a specific legal agreement. Essentially, the legal separation must be court-sanctioned, and the couple must legally agree on their respective rights and responsibilities. Similar to a divorce, the couple must negotiate and agree on several issues, including division of property and child custody and support. While California allows legal separation, not all states allow the process.