Only one party’s intention is required to establish a legal separation. Once that party has made it clear they wish to end the relationship, and the parties begin to live “separate and apart” with no reasonable prospect of reconciliation, this is sufficient to establish the separation date. However, if your spouse is not willing to participate in the negotiation process and resolve the details of the separation outside of court, you will have to bring the matter to court for a court order. The court can make an order against your spouse if you start an Application for divorce even if your spouse ignores your Application. Sometimes, this is the only way to get a reluctant spouse to respond and, in most cases, the other spouse does respond so that the court hears both sides of the story on the issues to be determined.