Scott Levin Esq, CDFA   •   San Diego Divorce Mediation & Family Law   •   (858) 255-1321
Mon - Sat 9AM - 8PM

Legal Separation vs Divorce

Legal Separation vs Divorce

At the end of your divorce, you are legally single and able to remarry or conduct your life as you alone desire. A legal separation alternatively does not terminate your marriage status and so you remain legally married and not able to marry another person. The same exact set of issues must be addressed in legal separation as in a divorce, and so a legal separation is not an easier or different process in any way. Some parties choose legal separation mainly for religious reasons but it is also true that about 15% of couples who legally separate do end up back together and this is why some couples opt for this as a “trial” or to see if divorce is the right step for them. Both parties must also agree to pursue a legal separation. If the responding party wishes to pursue a divorce rather than a legal separation, the moving party does not have a choice.