Technically in New Jersey there is no legal separation, even if you’re living in two different places, unless you have a written agreement that states that you are intentionally separated or a judge has ordered you to live apart, such as under an order for domestic violence. In order to be legally separated, you commit to negotiating an agreement or you have to be ordered out of your house by a judge. In a divorce, you file a complaint which literally asks the judge to dissolve the marriage and make all the decisions in your matter. They are two different processes and you do not need to be separated to file for divorce.