The Differences between Legal Separation and Divorce in California

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There are several differences between legal separation and divorce (called a dissolution) in California.

First, in order to file for a divorce, you must have lived in California for six months and have lived in the County where you plan to file the divorce for three months. There are no such requirements for a legal separation.

Many couples start a legal separation because they haven't been in California long enough to file for a divorce. Later, when they do qualify to file a divorce, they turn their legal separation into a divorce.

At the end of the divorce, you are single and able to remarry. At the end of the legal separation, you are still married and unable to remarry.

Legal separation might be a better choice for you if you have one or more of the following issues:

1. Social Security Benefits. For example, you haven't been married for ten years yet and you want to wait to divorce until after the ten year mark.

2. Veteran's Benefits. Will you lose benefits if you are no longer the official spouse of the veteran?

3. Loss of health insurance. With a legal separation you may be able to remain on your spouse's health insurance plan.

4. Your religion prevents divorce.

5. You have a moral objection to divorce.

The procedure and the paperwork is amost the same for both a legal separation and a divorce. The court will settle all property rights, make support orders and provide for payment of attorney's fees and expenses.

You can get a Judgment of legal separation as soon as you finish all the court documentation. You cannot get a Judgment of Dissolution ending your marital status until at least six months and one day have passed since the Summons and Petition was served.

The Judgment form used for both divorce and legal separation (FL-180) will advise you in a notice that either action may automatically cancel the rights of a spouse under the other spouse's will, trust, retirement plan, power of attorney, pay-on-death bank account, transfer-on-death vehicle registration, survivorship rights to any property owned in joint tenancy and any other similar thing.

However, your right to remain as a beneficiary of your spouse's life insurance policy will not automatically be cancelled at the end of a divorce or a legal separation.