You and your spouse have decided that living together no longer works, but you may not feel ready to end your marriage permanently. California gives you more than one legal path when you decide to live separately, and the choice you make can affect what happens next.
Here are the key differences to consider before you file.
Legal separation keeps you married
A legal separation lets you live apart while asking the court to address important parts of your family life. You can ask for orders involving:
- Property and debts
- Spousal support
- Child custody and visitation
- Child support
However, you remain legally married after the separation. You cannot marry someone else unless you later end your marriage through divorce or annulment.
Divorce ends the marriage
A divorce legally ends your marriage and allows you to remarry once the court finalizes the case. The process can also resolve matters involving property, debts, support and your children.
Divorce may make sense when you want to permanently end the marriage and establish separate legal lives. Once the court enters the final judgment, you no longer have ongoing legal obligations simply because you remain married to your former spouse.
Residency and waiting periods differ
Legal separation can provide an option when you do not yet meet California’s residency requirement for divorce. You can generally file for legal separation if you or your spouse lives in California, without waiting for six months of California residency.
Divorce generally requires one spouse to have lived in California for at least six months and in the filing county for at least three months. California also requires at least six months to pass before a divorce can become final.
A legal separation can become a divorce
Starting with legal separation does not prevent you from seeking a divorce later. Once you meet the residency requirements, you can change the case to request a divorce instead.
This option may help if you need legal orders now but cannot yet file for divorce or need more time before ending the marriage.
Choose the status that fits your situation
Before choosing between these options, consider what you want your legal status to look like after the case ends. Reviewing your circumstances and any existing court papers with an attorney can help you understand which path fits your needs and what steps you should take next.