In California, legal separation and divorce are distinct legal processes with important differences.
Legal Separation:
- Parties remain legally married
- Parties cannot remarry
- Parties can maintain certain marriage benefits (e.g., health insurance)
- No 6-month waiting period
- Can be converted to a divorce later
- Legal separation can be useful for those with religious or personal objections to divorce, or those not meeting California's residency requirements for a divorce.
Divorce:
- Legally ends the marriage
- Parties are free to remarry
- Terminates certain marital benefits
- Has a mandatory 6-month waiting period
- Requires meeting California's residency requirements (6 months in the state, 3 months in the county)
Both processes involve similar issues such as property division, spousal and child support, and child custody. The choice between legal separation and divorce depends on individual circumstances, which you can discuss in detail with an attorney during your consultation.