A party may also for a legal separation instead of divorce.  The reason for such filing depends on the circumstances of the party.  For instance, if a filing party is residing in the county for less than three months, or in the state for less than six months (both time frames are jurisdictional time requirements for filing a Petition for Dissolution of Marriage in California) then the party may file for a legal separation until the jurisdictional time frame has been met, and then amend the Petition to one seeking a dissolution of marriage.  Other examples for filing for a legal separation instead of divorce may be for religious reasons, or, if one party needs to continue to received health insurance benefits from the other party.