Legal Separation vs. Divorce in California: What’s the Difference?

At Gramling Law Group, we regularly counsel clients throughout Redlands, Riverside, and San Bernardino Countywho are unsure whether they should pursue legal separation or divorce.

Understanding the differences between these two options can help you make an informed decision—especially when children, property, or religious values are involved.

What Is Legal Separation?

Legal separation is a formal court process that allows you and your spouse to:

• Live separately

• Divide property and debts

• Establish custody and support orders

…but remain legally married.

Reasons clients choose legal separation include:

• Religious or cultural objections to divorce

• Health insurance preservation

• Trial period before final decision

• Financial/tax considerations

📌 Important: Legal separation requires mutual agreement or a contested court judgment, just like divorce.

What Is Divorce?

Divorce, or dissolution of marriage, legally ends the marriage. Once finalized:

• You’re free to remarry

• All property, support, and custody issues are permanently adjudicated

If you file for divorce in Riverside County or San Bernardino County, you’ll need to complete forms such as:

• FL-100 (Petition)

• FL-110 (Summons)

• RI-FL036 – Riverside Declaration of Residence

We offer assistance with both legal separation and divorce filings and can help you decide which best fits your circumstances.

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Can I Convert a Legal Separation into a Divorce?

Yes. If you begin with legal separation and later decide to end the marriage, you can file an amended petition for divorce. This is common when couples try separation as a transitional step.

Do I Need a Lawyer?

While you’re not required to have an attorney, both legal separation and divorce involve:

• Service of process

• Preliminary financial disclosures

• Property characterization

• Custody & support calculations

The court doesn’t assist you with legal strategy, so mistakes can have long-term consequences.

Why Choose Gramling Law Group?

Our firm offers:

• Flat-fee document preparation for legal separation or divorce

• Customized filings for Riverside, San Bernardino, and Redlands

• Advice on parenting plans, temporary orders, and post-separation support

Located in Redlands, we’re familiar with Inland Empire courts, local filing requirements, and judges.

📞 Call (213) 255-4780📅 Schedule a consultation now

Disclaimer: This post is for general informational purposes and does not constitute legal advice. No attorney-client relationship is formed unless and until a retainer agreement is signed.