Difference Between Separation and Divorce
If you have been married for a while, and are finding the separate but together to be your chemistry of living today, this article will explain what it really means – Separation & Divorce.
Separation vs. Divorce — We all know how complicated legalities can be even further when it comes to familial connections,… Despite both referring to the termination of a marital relationship, they are actually two very different words – with completely different consequences.
Understanding the difference between divorce and separation is crucial when deciding based on benefits during tough times. Read on as this article discusses the core differences between separation and divorce – not only in terms of law but also their emotional and practical consequences.
1. Definition and Legal Status
- Separation: Living separate and apart (separation): This refers to spouses living in different residences while still legally married. Both parties come to an understanding of a formal or informal separation. Yet they still are legally wed and cannot marry or form a civil partnership once again.
- Divorce : A divorce, in contrast, is the legal dissolution of a marriage . That marriage between those spouses just got put down, thus discharging each partner from the duties and commitments of wedded life. Upon the conclusion of a divorce, both parties revert to being legally single so that if they wish to remarry, they can do so.
2. Separation and Divorce in Terms of Legal Process
- Separation: In many jurisdictions, separation can be achieved through formal legal processes such as divorce or using informal procedures. Legal separation is started with the filing of paperwork, outlining terms for how you will live separately in areas such as child custody, spousal support and asset distribution. In an informal separation, a husband and wife agree to live apart but they are not headed for the court.
- Divorce: Divorce requires a formal legal process that varies by jurisdiction. This means filing a divorce petition with the court, serving it on your spouse and eventually going to court for hearings featuring division of property, child custody and support. The divorce comes to an end with a court decree that includes the dissolution of marriage.
3. In Terms of Financial and Property Matters
- Separation: Other financial responsibilities can also fall under assets and debts that have to be divided such as mortgages, loans or bills. Other things they may also suggest to work out settlement agreements on are issues of property division, alimony & child support. Nonetheless, legal duties can differ depending on the jurisdiction and when there are any legally binding agreements designated for a course of action.
- Divorce: To divorce is to divide the marital assets and liabilities equitably. In such cases, courts can step in to ensure an equitable division of property by considering the financial circumstances and contributions as well as the earning potential for each spouse that may surpass childhood responsibilities. Lastly, divorce agreements may also spell out terms for spousal support or alimony.
4. Separation and Divorce in Terms of Custody and Child Support
- Separation: In cases of separation, spouses either agree upon custody and child support arrangements between themselves or formalize these agreements with the law. Nevertheless, these setups might not have an identical lawful impact as the ones set up throughout a divorce.
- Divorce: When couples split up, custody is something that must be set into place, usually with the children’s best interests in mind. Final judgments can be made to protect the interests of minor children in state courts by a divorcing couple, who is likely well aware that courts may issue orders specifically related to: 1) Legal custody and physical custody; 2) Visitation times with parent or parents
5. In Terms of Emotional and Social Implications
- Separation: While the concept of separation is that both partners can take time to reassess, it may also bring emotions of sadness and even some relief. The anxiety, loneliness or stress due to the transition from a married to a single life may distract individuals and even push them into making poor decisions.
- Divorce: Divorce is the legal separation of a married couple, commonly associated with grief, hurt and guilt. People may feel ashamed that they got divorced again or scared of how friends will judge them about being single after another failed relationship. But of course, divorce has a bright side as well where you can grow and potentially chase new opportunities down the road.
Conclusion
To summarize, separation and divorce are both ends of the marital bond; however, their legal status is extremely different with regard to being able to marry another person legally again. Divorce severs the legal bond, while separation allows spouses to live independently.
Decisions, which are so directly intertwined with the complexities of marital breakdowns and accrual (or lack thereof), fuel momentum for people to truly but informedly involve themselves in their own future living. Divorce or separation should not be a war, however, if it looks like that, seek legal and emotional guidance to make the transition smoother otherwise new doors cannot be opened. ■
BONUS (Video) :
Legal Separation vs. Divorce: What is the Difference ?
