While the grounds, legal forms and proceedings to obtain a legal separation are by and large the same as a divorce proceeding, the major difference between divorce and legal separation is that marital status is not terminated. At the end of the case the parties remain married, however, as with a divorce proceeding, the issues of custody, visitation, support, asset award, asset division, division of assets and all other marital issues are resolved in the final judgment.

While the filing party may elect to file for a legal separation, the Respondent or responding party may elect either a legal separation or a divorce. The request for the divorce will be controlling.

Legal separations are frequently requested by a party who is unsure that the marriage is permanently broken, yet who desires to formalize the division of his or her assets and formalize custody, visitation and support issues. Legal separations are often requested for religious reasons, also. More often than not, however, a legal separation is requested in order to maintain medical insurance coverage for a spouse who could not otherwise afford or achieve independent medical coverage, or for a spouse who may have an otherwise uninsurable existing medical condition which would prevent coverage if the existing coverage was to terminate.

An annulment is sought to be achieved where the petitioning party is seeking to treat the marriage as though it had never taken place. The result of a decree of annulment is that the parties are immediately returned to the status of unmarried persons and the marriage is nullified. The marriage is then treated as if it had never occurred. Reasons why an annulment may be sought can often be legally complex and/or motivated by religious, personal or other considerations.

An annulment is not automatic simply because requested by the petitioning party, or simply because the marriage the marriage was of short duration. Cause is required and the party seeking an annulment must “prove” his or her case by establishing necessary legal grounds in conformity with the laws of the State of California. The responding spouse has the right to contest the request for the annulment. Complex legal considerations need to be considered prior to the filing of an annulment. As the right to receive an annulment is not “no fault” or “automatic” and must be established by proof, it may be wise to request a divorce in the alternative, should the annulment request be denied.