For the most part, it is a matter of a personal choice. However, the work required to complete both is essentially the same. Yet, this may be a tricky, technical issue because of the limitations when the court can order a legal separation.
1
Ask yourself, "Why do I want a Legal Separation?"
In my experience, for most people it is either a moral/ethical issue (e.g. my Church does not allow divorces) or an idea that a Legal Separation is somehow easier. With respect to the moral/ethical choice, no attorney can answer that question for you. That is a personal choice and one between you and your maker, so please discuss this with your rabbi/priest/pastor, etc. for direction. With respect to the idea that a Legal Separation is somehow easier, please understand that it is not. The same amount of work is required and the result will be the same, except that neither of you will not be able to remarry. In other words, you still have to work out custody/visitation issues if there are minor children, you will have to divide up all property/debts, and you will still have to obtain orders as to child and/or spousal support. And, in the end, should you later wish to divorce, you will have to file a new case.
2
Consult an attorney about this important choice
The reality is that the work required to complete either is the same. Additionally, while YOU may want a legal separation, if your spouse wants a divorce, then the court will order a divorce. Why? California is a no-fault divorce state and the only way to get a legal separation is by default (the other party does not respond to your Legal Separation Petition) or by mutual agreement. Because of this fact, you should consult an attorney as it will affect your legal rights.
3
File Your Petition (hopefully with the help of an attorney)
The interesting thing about this choice is that it is literally picking one box over another on the Petition that you will file with the court. If you filed your Petition with a request for a Legal Separation, understand that if your spouse requests a divorce, s/he will be granted one and you will not be able to obtain a legal separation unless s/he consents. Emotionally prepare yourself for that possibility. So, if your motivation was moral/ethical, perhaps you can now be at peace that it was not your "choice" to divorce, but the other party's choice. If you filed your Petition with a request for a Dissolution of Marriage (fancy way of saying divorce), you will be doing the exact same work as in a Legal Separation case, except that at the end of the case, you will be single again.
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