The difference between separation and divorce is not defined solely by the word, and although they are similar they have certain different features, find out what they are by reading the following article.
Difference Between Separation and Divorce
Separation is believed to be the first stage that leads to divorce, but in some cases it doesn't happen that way. When the couple enters into a serious conflict, they usually make the decision to separate for some time. However, marriage is a wonderful stage and is part of the social and emotional growth and development of a human being.
We invite you to read the following article How to make a life project? where some processes are explained in detail where you can even get the ideal partner to get married.
This, however, is considered an objective within the planning of this type of project.
That time helps on certain occasions to return to the relationship in a more stable way. However, in other cases it allows and accelerates the arrival of divorce. In this article we are going to decipher the differences that exist between the two, first we must know their concept.
link breakage
It is an important difference between these two situations, when there is a separation there is always the possibility of re-establishing the relationship with the same person. So the link still remains.
During the separation there is only an arrest of coexistence and conjugal life. However, they are still married. When the divorce happens, the bond is definitively broken, and both subjects are no longer united and even separated.
irreversible situation
Divorce implies the definitive separation of the relationship, that is, they are no longer married, so the union again through reconciliation is impossible. However, many couples come back to join and marry.
In the latter case, the irreversible situation is broken, so it is not a closed situation. It can be modified according to the situation decided by the parties. Complement this information by reading the description presented in the following article. family problems
marry again
A difference between separation and divorce is represented by this situation. When a person gets divorced he can remarry another person. In other words, separation can lead to stimulating the other person to make the decision to marry again.
When the link is broken, the person can marry again. The difference with respect to separation is that while the couple is estranged, the link between them is still maintained, they are still married and cannot get married until they define their situation.
Have the legal provision
In most countries divorce is fully legalized, however in very few there are limitations to being able to get a divorce. In those countries the only option is separation and the marriage bond is maintained for life.
So it is not a problem for many couples who separate, opting for divorce even more so when the relationship is already totally deteriorated. The legal provisions only apply certain criteria that seek in some way to avoid the dissolution of the marriage
Legal terms
In some legal regulations of several countries, the term of separation is used to determine that the divorce has been consummated. The definition in these cases is legal separation. Where subsequently proceeds to establish the settlement of the contract through the so-called divorce.
When talking about separation in legal terms, the fact of subjecting it to the term and case called "De facto separation" is raised, where both people make a pact in order to be emotionally distanced from each other. Learn more about this type of situation by clicking on the following article Emotional maturity
This allows that there are no legal actions between the parties and that lawyers or judges do not have to intervene. So we have that divorce is the judicial determination and termination of marriage and conjugal union, where two people of their own free will or by a defined agreement, establish the culmination of a relationship.
They are terms that in law must be handled to establish an act in reality. The de facto separation is a form that is used to protect the children and keep the assets of both parties until the last moment. Divorce enhances the actions that lead to considering who keeps the children and property.
There is no direct connection
Separation does not mean that the couple has to divorce immediately. This difference between separation and divorce is one of the most confusing. Many people directly link separation to divorce, and in reality it doesn't work that way.
When two people are separated it does not mean that the relationship is over. As we saw earlier, the link still holds; which implies that the separation does not directly determine the divorce. So there is no direct connection between the two. At any time the couple can get back together and the process towards divorce is extinct.
Separations are part of an emotional and sentimental process in which both parties can take it as a time to think. That way they can decide if it's worth going back and continuing with the other person. This indicates that hopes remain and there is the possibility of return and union.
When the relationship definitively reaches divorce and the bond is totally dissolved. Although, as we saw before, it may be the case where the couple can rejoin. These are isolated cases and not regular situations. We recommend the reader, if he finds himself in this type of situation, to establish a dialogue where criteria can coincide and they can reach the union again.
If there are marked differences, unfortunately there is no other option than to seek a divorce. If so, try to do it on good terms and try not to involve the children in the differences. These can get emotionally hurt if there is no good handling of situations.
Definition of Separation
Separation is a process in which a relationship ends and life as a couple stops. Generally it is a decision between both parties, however in some regulations of certain countries it can be legalized, allowing both parties to make a decision that can later be final in their lives.
This type of distancing can be partial or momentary. At that precise moment, each of the parties begins to live their lives independently. If there are children, custody and child support are provisionally established (generally shared).
However, legally the relationship is not completely dissolved, since the divorce contract exists between the two. In case the couple is living together. It is what many call a de facto relationship or concubinage, in this situation there is no signed legal contract (marriage).
The separation can create an action in the future in which both parties can rejoin sentimentally. On the contrary, this separation can also lead to the definition of divorce and therefore the change in the life of each person.
Divorce
In this case, the divorce represents a totally different process than the one that occurs with the separation. Technically it is a situation in which both members decide to definitively extinguish the conjugal union. Thus ending the marriage relationship.
Divorce can be given by conviction between the couple or by legal actions. So it is an act in which conditions must be established, in case the couple has had children or if they have acquired some assets during the marriage.
In this case, a series of steps must be carried out to finalize the process. Among them, establishing custody, maintenance and how the assets will be distributed if they were acquired before or during the marriage.
The cases of marriage and conjugal union when they reach the definition of the legal part where one of the parties makes some type of claim, or simply does not agree with the divorce, what is called a complaint in jurisprudence is established.
It requires a process where a court comes into play and the collection of certain evidence to reach a legal definition of the marriage union. There are litigations that have lasted many years, and for some reason one of the parties does not agree with the dissolution, or simply does not want to divorce.
As we have seen, the difference between separation and divorce are two similar situations but totally divergent from the legal point of view. They have very common aspects, however in the following paragraphs we are going to really describe what those differences and similarities are.
Similarities Between Separation and Divorce
They occur when the parties decide to isolate themselves from each other. The children enter into litigation to define their custody, however in the separation it is done verbally. In some countries, de facto separation can be established by signing an agreement.
Sentimental and emotional communication between the parties stops. Likewise, both situations create a type of conflict called conjugal. Usually one of the members tends to abandon the other or the other party. On the other hand, children and acquired assets are always involved.