Legal Separation v. Divorce

California is one of the few states that offers both legal separation and dissolution of marriage, also known as divorce. What are the differences between these two processes, and why would you file for legal separation rather than divorce?

Legal separation preserves your marital status, meaning you are still legally married to your spouse. This allows both parties to retain certain benefits of marriage such as staying on your partner’s health insurance plan, tax benefits, and receiving government benefits. This is a good option for people whose religion prohibits divorce or for people who are not sure if they want to reconcile at some point in the future.

Legal separation covers all issues that typically arise with divorce including child custody, child support, division of assets. You can get a child custody or child support order during the legal separation process. Additionally, you can split assets and debts, protecting your financial interests. 

The biggest drawback of legal separation is the parties are not allowed to remarry since they are still legally married to each other. 

Divorce, or dissolution of marriage, severs the party’s marriage. They are no longer married and are free to re-marry.

While the process for legal separation and divorce are the same in California, we highly recommend you consult an attorney to help you consider both options. Filing for separation and then turning around and filing for divorce will only add work and additional stress to your life. Speak with an experienced family law attorney at The Tabo Law Firm today to help you decide the best option for you!