What is the difference between a legal separation and a divorce?

A legal separation and a divorce are two different legal actions that a couple may take when their marriage is coming to an end. In California, legal separation is an alternative to divorce and is a court-mandated agreement between a couple that they are no longer living together and are no longer legally married. This agreement covers a variety of topics, including child custody and visitation, spousal support, and division of assets. A divorce, on the other hand, is the legal termination of a marriage. This process is more complicated than a legal separation and requires more involvement from the court. In California, if a spouse files for divorce, they must prove that their marriage is irreconcilably broken, which includes establishing grounds for fault or no-fault. In a divorce, the court will also divide assets, assign liability for debt, and determine spousal support. Ultimately, the biggest difference between a legal separation and a divorce is that a legal separation does not legally terminate a marriage. This means that the couple is still legally married, but their rights and responsibilities to each other are defined by their legal separation agreement. Divorce, however, legally terminates the marriage, officially ending all legal ties between the spouses.

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