In a legal separation, the court addresses all of the same issues in a divorce, but at the end, the parties are legally separated, not divorced. If you have a judgment for legal separation, you cannot remarry and you are not restored to the status of a single individual.
For example, if the parties wish to maintain existing health coverage, a separation may be preferable. Certain religious beliefs also make separation preferable to a divorce. Legal separation can also be used when the parties cannot meet the residency requirements to file for a divorce in California. You can still address property division, spousal support, child support, custody and visitation, as well as attorney’s fees in a case for legal separation.
Parties should consider whether they want to re-marry when deciding whether to file for legal separation or divorce. If you select legal separation and later decide to remarry, you will need to obtain a new judgment of divorce, which will require additional court costs and orders.
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