Divorce and Separation Matters & Agreements

What is the difference between divorce and separation?

Most people are confused about how divorce, otherwise known as Dissolution of Marriage, is different from Legal Separation. The only difference between a divorce and legal separation is that at the end of the case of Dissolution of Marriage the parties are restored to the status of single persons and they may re-marry, and at the end of the case of Legal Separation the parties remain married to each other. All other issues are decided in the same manner in both Dissolution and Legal Separation options.

What are the grounds for obtaining a divorce?

California is a no-fault divorce state which means that it doesn’t matter why the marriage has ended and either spouse can obtain a divorce without proving that the other did something wrong. The two official grounds for divorce in California are “irreconcilable differences” and “incurable insanity”. “Irreconcilable differences” are by far the most common grounds for divorce and is much easier to obtain. “Incurable insanity” is virtually impossible to prove and the other spouse may be obligated to support the “incurably insane” former spouse for that person’s life.