Difference Between Separation and Divorce

Separation vs Divorce

Separation can be termed as a prelude to divorce. But many people consider the two as one. While divorce completely terminates marital status, separation is not termination of the martial status. Separation does not affect the marital status of the couples. But in divorce, the couples are legally separated.

Divorce is a legal separation of marriage. While divorce needs legal formalities, separation needs no such formalities. Separation takes place when the couples decide to live separately but not separated legally. But it can become a legal separation when the separation results in an agreement between the couples in their rights and obligations.

Divorce is an end to a marriage and domestic life. Separation on the other hand is not an end to a married life or an end to the domestic life. While couples are in separation, they have ample time to think if they really want a divorce or not.

Once a couple gets a divorce, he or she is single and can choose their way of living. After a divorce, a person can either choose to be single or get married again or become a domestic partner. While in separation, one cannot get married again or live with a domestic partner; he or she is single only.

While in divorce, there are many court proceedings. In separation there are no such legal proceedings and the couples engage only in an agreement between themselves.

In divorce, the court will be settling issues like partner support, spousal support, child support, custody and visitation. But in separation, the couple can decided themselves on the property, money and other parenting issues.

Separation has more advantages than Divorce. In separation, the couples remain legally married. While in separation, they have many economical and personal advantages.

Separation comes in two forms ‘“ trial separation and legal separation. But Divorce is the ultimatum. A trial separation is the trial period for the couple to stay apart and think of whether to get separated or not. This does not have any legal sanctity. A legal separation is one that has a legal tag to it.

While divorce can be called as the last word in a marital life, separation is not like that.

Summary
1.While divorce completely terminates marital status, separation is not termination of the martial status.
2.While divorce needs legal formalities, separation needs no such formalities.
3.Divorce is an end to a marriage and domestic life.

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