want to start a legal separation

You will need to have the consent of your spouse in order to execute a Separation Agreement.  So in the event that you and your spouse are not in agreement about him/her moving out, I will assume that your spouse is also unwilling to sign a separation agreement for you. However, you do have options to file an uncontested divorce, which may be completed without your spouse's signature.  Speak to an experienced attorney to weigh out your options and answer any questions you may have about your case. Feel free to call me anytime for a free telephone consulation. (646) 587-0188 Sincerely,Leta Liou, Esq.The Law Firm of Liou & Maisonet, PLLC124 Nassau Street, Suite 2New York, New York 10038(646) 587-0188www.DivorceInNYC.comMatrimonial and Family Law attorneys Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau, Suffolk, Westchester, Rockland, and Orange Counties.