Legal Question in Family Law in California

Divorce is where the parties separate and sever their marriage; that is, they have a court dissolve the union, an order is entered dividing the marital estate (the community property; i.e., the house, cars, checking accounts, etc.), and, if there are children, orders for custody, visitation and support are entered.

A legal separation is where the martial union is dissolved but the parties have not divorced. What changes is financial status of the parties -- there is no longer a 'community property estate' and each party is now legally separate from the other. The court orders a separation of the marital estate and a division of the community property but the parties remain married.