What is the difference between a divorce and legal separation?

A divorce (also called "dissolution of marriage") ends your marriage. After you get divorced, you will be single, and you can marry again.

Also, to get a divorce in California, you MUST meet California's residency requirement.

A legal separation on the other hand, does not end a marriage. You can't marry someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious and/or medical reasons.

You do not need to meet California's residency requirement to file for a legal separation. If you file for a legal separation, you may later be able to file an amended petition to ask the court for a divorce - after you meet the residency requirements.

In a legal separation case, you can ask the judge for orders like child support, spousal support, custody and visitation, domestic violence restraining orders, or any of the other orders you can get with a divorce case.

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