Either party is allowed to obtain a divorce, regardless if the other spouse agrees. Thus, if you file for legal separation and your spouse wants a divorce, you cannot contest the divorce. The Court will proceed with the divorce request.
Can I get a divorce after filing for legal separation?
Yes, during the legal separation proceeding, you can amend your Petition and request a dissolution of marriage.
How does legal separation differ from divorce?
A legal separation does not terminate your marital status. A legal separation also does not require that the parties meet the residency requirement as outlined in a divorce action. Typically, spouses file for legal separation for religious reasons or to protect their health insurance benefits.