California Divorce and Family Law Mediation Blog

Most people who are unhappy in their marriage choose to divorce. Others decide to get a legal separation. In many ways, divorce and legal separation have a lot in common. However, there are also differences of which you need to be aware so that you can choose the solution that is best for you and your family.

Similarities:
Both a legal separation and a divorce fully separate your lives. You can sort out the same issues and request orders for the determination of custody and visitation, child and spousal support, the restoration of your former name, and the division of all your property.

Differences:
While a divorce judgment effectively ends the marriage and gives you the right to remarry, a judgment of legal separation does not. It will separate your lives in all other aspects, but you will stay married. That is the main difference and the one you need to consider.

In addition, a legal separation does require the consent of both parties whereas no such consent is necessary for a divorce.

You might wonder why some couples choose to remain married instead of getting a divorce. There are many possible reasons, including religious beliefs. Others decide to stay legally married due to financial reasons or to retain health or other benefits they might otherwise lose.

Legal Separation vs. Separation:
To be sure, a judgment for legal separation should not be confused with living apart from each other. If you and your spouse decide on your own that it is time to part ways, you are not legally separated. However, the day you decide that your marriage is over can become your Date of Separation. This date will be important if you decide to file for a divorce or legal separation.

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Note: This article is not legal advice. It only addresses general matters and should not be relied on by readers or considered legal advice. Only California law is addressed. Contact a lawyer in your state to discuss the specifics of your case and the applicable law.

Also read: Part 2: Grounds and Requirements for a Divorce or Legal Separation

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