Difference between separation and divorce


Law
2023-05-15T20:27:26+00:00

Difference between separation and divorce

Introduction

Cohabitation as a couple can be a roller coaster of emotions, and although many relationships flourish and remain healthy for a long time, some couples decide that it is time to separate. The terms “separation” and “divorce” are often confused, but in reality, they are two different legal processes. In this article we are going to delve into the difference between separation and divorce.

Separation

Generally speaking, separation means that the couple is still legally married, but they have made the decision to live apart from each other. They may live in the same city, but not in the same home, or they may live in different cities. During separation, the couple is still considered married but without the obligation to live together or fulfill the duty of fidelity.

Types of separation

  • De facto separation: when the couple lives separately although no legal process has been initiated.
  • Judicial separation: A judicial process begins to formalize the couple's separation.

Divorce

Divorce is the legal process that permanently ends a marriage. After a divorce, the couple is no longer legally married and is free to marry another person If you wish.

types of divorce

  • Divorce by mutual agreement: when the couple agrees on the conditions of the divorce.
  • Contentious divorce: when the couple does not agree on the conditions of the divorce and they must be resolved in a trial.

Conclusion

In summary, the main difference between separation and divorce is that separation means that the couple is still legally married but living separately. If they decide that they want to end their marriage permanently, they must begin divorce proceedings. It is important to keep in mind that both separation and divorce have legal and financial implications that must be carefully considered.

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