Some couples need to separate legally and financially, but do not want—or are not ready—to end their marriage.

A Judgment of Legal Separation allows you to divide property, establish support, and create custody and visitation orders while remaining legally married.

Legal separation can be a good choice when you:

• Want to keep certain benefits, such as employer-provided health insurance

• Have personal, cultural, or religious objections to divorce

• Do not yet meet California’s six-month residency requirement for divorce

• Need immediate court orders but are not ready to dissolve the marriage

How Legal Separation Differs From Divorce

1. Residency Requirements

• Divorce requires at least 6 months of California residency (and 3 months in the county).

• Legal separation has no residency requirement — you can file immediately after moving to California.

  • Once residency requirements are met, a legal separation case can be converted to a divorce.

2. Marital Status

• A judgment of legal separation does not end the marriage.

• You remain legally married and cannot remarry unless you later obtain a divorce.

3. Waiting Period

• Divorce requires a mandatory six-month waiting period before marital status can terminate.

• Legal separation has no waiting period—the judgment can take effect as soon as the case is completed.

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Legal Separation vs. Being ‘Legally Separated’ in Daily Life

California law also uses the term “date of separation” for determining issues such as:

• Division of property

• Responsibility for debts

• Pension and retirement calculations

A couple can establish a date of separation without filing any court case, as long as their conduct clearly shows the marriage was ending.
However, this is not the same as obtaining a Judgment of Legal Separation, which provides enforceable court orders.

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If You Later Decide to Divorce

You may file a new Petition for divorce at any time.
The divorce will address only the issue of ending marital status unless you choose to modify earlier orders.