What is the difference between legal separation and divorce?
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AI Paralegal AnswerPeople ask what is the difference between divorce and legally separated. Legal separation is a court order addressing support, property, and sometimes custody while the parties remain married. Divorce dissolves the marriage. [1][2]
Why separate instead of divorce
Health insurance, religious beliefs, immigration, or trial reconciliation may motivate separation.
Property and support
Courts can divide assets and order spousal support in either proceeding depending on state law.
Remarriage
After divorce, you may remarry; after separation, you cannot remarry until divorced.
Availability
Some states favor divorce over separation; California recognizes legal separation suits under Family Code grounds. [1]
AI-Generated Information. Consult a licensed attorney for official legal advice.