The main difference between a divorce and legal separation is that though you and your spouse will be living separate and apart if legally separated, you will still be legally married. When you divorce, your marriage is terminated. The legal process for a legal separation and divorce is similar. For both processes you will resolve child custody and support issues, spousal support, and divide your property.
The most common reasons that some parties choose legal separation is:
- to preserve their religious/moral beliefs
- not yet meeting the residence requirements to file for divorce in California
- uncertainty of whether you want to proceed with a divorce for sure
- to preserve their religious/moral beliefs
- maintain marital tax benefits
- maintain eligibility for the other spouse’s medical insurance benefits
