Andrea Kaye And Stan Prowse Legal Eagle Radio

Legal Separation Versus Divorce

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Many people ask about the difference between legal separation vs divorce.  Sometimes they ask because they are not sure their relationship with their spouse is irretrievably broken. Sometimes they ask for religious reasons, or because legal separation sounds better to them than divorce.  Sometimes they ask because they’ve heard group health insurance can still cover both spouses if they’re legally separated but not if they’re divorced, which happens to be true.  Usually they are surprised to discover they will go through exactly the same steps either way. Divorce - DISSOLUTION of Marriage We need to get our terms straight at the outset.  The word “divorce” is not in the California Family Code.  The Code instead uses the phrase “dissolution of marriage.”  (The Code also uses “spousal support” instead of “alimony.”)  At the end of a divorce case, you get a Judgment of Dissolution of Marriage.  At the end of a legal separation case, you get a Judgment of Legal Separation.  The same mandatory preprinted forms a