Most people who consider a legal separation are not sure whether they really want to divorce their spouse and often want to protect themselves from being financially responsible for their spouse’s debts. A legal separation is not recommended for people in these situations.

A legal separation is litigated just like a divorce. All the assets and debts are divided.Child custody and visitation are decided. Spousal support and child support are ordered.  Attorney fees are ordered. Just like in a divorce, there is a trial and a judgment for legal separation is entered. The only difference between a divorce and legal separation is that in a legal separation requires no waiting period, both spouses must agree to a legal separation, and if one spouse wishes to go through with the divorce at a later time he/she must file new divorce paperwork with the family law court to have the marriage dissolved.

Legal separation is only appropriate in a very narrow set of circumstances. The most common circumstances where two spouses would opt for a legal separation over a divorce include where both parties’ religious beliefs prohibit a divorce or where one party needs the other party’s medical insurance due to health reasons.

A major reason a legal separation is not advisable is because it calls the bluff of the other party; sometimes forcing the decision to divorce while reconciliation is still possible. If a spouse files for a legal separation it forces the other spouse to get a family law attorney and file paperwork with the court. The other spouse usually decides that if he/she has to litigate in divorce court, when the process is over he/she wants to be divorced.

It is not necessary for one spouse to file a legal separation simply to gain protection from the other party’s debts, this is not necessary. In California, there is a difference between a “legal separation” and being "legally separated.” A legal separation is a formal court process. Being legally separated is the date that one spouse decides, once and for all, that he/she no longer wants to be married, and that there is nothing that can happen to save the marriage. The date of this decision is the date of separation. After the date of separation, whether or not a legal separation has been filed, any debts incurred are the sole responsibility of the spouse who incurred them.