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Legal separation is an alternative to filing a divorce. In legal separation proceedings, all issues related to division of properties, child custody, child support, and spousal support may also be resolved. However, technically the parties do not become single once the case is completed. Legal separation proceedings is especially important where one party is not eligible for health insurance and relies on the other spouse's employer health insurance plan. If the parties obtain a divorce then the insurance coverage would be terminated and the non-employee spouse would only be eligible for temporary COBRA coverage. If the parties obtain legal separation, then the non-employee spouse could still be maintained on the employer's health insurance plan. A party filing for legal separation need not have resided in a particular county or California the minimum required amount of time prior to filing the action (See FAQ: Where Do I File). However, the major stumbling block with legal separation is that if one Party does not agree with a legal separation, then the matter would be converted to a regular divorce.
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