A Legal Separation does not end a marriage. The parties will keep the status of married persons. And since you are legally separated and not divorced, you cannot marry someone else. However, the court can do everything else in a legal separation that it can in a divorce, such as divide property and debts, make child custody and visitation arrangements, and determine child and spousal support issues.

Unlike a divorce, a legal separation requires the consent of both parties. If a spouse files a legal separation and the other spouse responds that they want a divorce, a divorce will occur.

Although a divorce requires a party to live in California for six months and the county for three months, a legal separation does not have this requirement. Therefore, a legal separation can be filed even if you have only lived in California for a few weeks or less. It is possible to file a legal separation because you do not yet meet the residency requirements and later amend the legal separation to a divorce once you have met the divorce six month requirement.

A legal separation may allow a spouse to remain on the other spouse’s covered health insurance policy, whereas a divorce terminates any such policy.

It is also common for parties to proceed with a legal separation instead of a divorce for religious or family reasons.