Legal separation in the State of California is a court process that allows a married couple to live apart while remaining legally married. It establishes court orders concerning issues such as property division, spousal support, child custody, and child support. Unlike divorce, legal separation does not terminate the marriage. For example, a couple might seek this status for religious reasons or to maintain health insurance benefits.
A significant advantage of this process is the avoidance of a final divorce decree. This can be crucial for individuals who, for personal or financial reasons, wish to remain married. Furthermore, it provides a legal framework to address and resolve marital issues, offering protection and clarity regarding rights and responsibilities during the separation period. Historically, legal separation has served as a transitional step toward divorce or as a permanent arrangement for couples who are unable or unwilling to dissolve their marriage completely.