California Family Law: Legal Separation

About Legal Separations

On occasion, people file for a legal separation due to religious reasons or to overcome the residency requirements for filing for a divorce, or because one party needs to remain on the other party's health plan for medical reasons. Later, they convert the matter to a dissolution. In any event, the result of a legal separation is very similar to a dissolution except that the parties may not remarry.

Legal separation is a judgment issued by a court of law. A judgment of a legal separation lawsuit leaves the couple with the legal status of married persons while settling the respective rights and obligations that each spouse has to the other. Spouses who are legally separated are not free to marry since neither has been returned to the legal status of an unmarried person.

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