The filing requirements for divorce and the legal separation are significantly and materially different. The divorce filing requires proof that: Parties have mutually and voluntarily lived separate and apart without cohabitation for a period of six months before filing of the action or Parties to the marriage have lived separate and apart without cohabitation for a period of one year prior to filing of the action. The filing requirement for the legal separation is less rigorous and it requires only that: Parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation; or Both parties to the
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