Do both my spouse and I have to agree to separate or get a divorce?
No. You don’t both have to want to divorce. Your spouse does not have to agree. As long as one of you has the intention of separating and you are living separate and apart, that is sufficient to begin the year of separation. After you’ve been separated for one year, either you or your spouse can file for a divorce. There are precautions that you should take, however, before you separate from your spouse in order to avoid claims of abandonment. An experienced attorney can help you avoid future problems.