Legal Question in Family Law in California

A "legal separation" is an option for parties who do not want to be together, but do not want to get divorced. A "legal separation" is not required for a petition of dissolution, but has different residency requirements. For example, parties may not meet the residency requirements for a dissolution of marriage, but would for a legal separation. The law allows them to first file for legal separation, and then convert the case to a divorce case when the residency requirements have been met.

You may also be confusing "legal separation" with physical separation. A physical separation is when the parties live apart with the intent to remain apart indefinitely. This kind of separation is important, because it determines whether assets are separate property or community property.