Differences Between Separation And Divorce

It may look like the same thing, but it’s not. That is, the differences between separation and divorce exist legally, a fact that can personally affect each member of a relationship and a family, as the children also suffer the consequences.

When opting for the end of the couple’s life together, it is important to know what this decision refers to. The first step is usually separation; the second, divorce, which is much more definitive.

What are the differences between separation, de facto separation and divorce?

Let’s see what each formula consists of. On the one hand, we have separation, which implies the effective interruption of the relationship between a couple. However, it is not final, nor does it have legal effects until a declaration is made through a court decision.

There is still another situation, known as de facto separation, but which has no legal effect on third parties. That is, both spouses decide to end the relationship, interrupting the relationship, but they do not end the marriage. Finally, there is divorce, which has a legal effect on others and completely dissolves the marriage. In this case, there will be a court decision, as it is a definitive way to end the relationship.

2 similarities and 3 differences between separation and divorce

We actually find three differences between separation and divorce that, legally, must be taken into account. So, if you are thinking about ending your relationship legally, it would be a good idea to consider:

• While separation does not dissolve the matrimonial bond, divorce permanently dissolves it through a court decision.
• A divorce implies the dissolution of the economic regime in the marriage. Separation only does so after sentencing.
• After separation, spouses cannot remarry, neither with each other nor with other people. This can only happen after divorce.

However, in certain respects, both legal formulas can be similar, as we will see below:

• Regardless of whether it is legal separation or divorce, unless there is a will specifying it, the legitimate right to inheritance is lost.
• Once there is a final judgment of separation or divorce, measures will be established in relation to the care, custody and custody of children, visiting rights, etc. It also includes expenses for the maintenance of children, parental responsibility, dissolution of the matrimonial economic regime, use of residences, etc.

psychological differences 

Interestingly, separation is often more difficult than divorce. Usually, before reaching a divorce situation, there is separation. However, the marriage is still not dissolved until there is a court sentence. That is, there may still be some hope of resuming the marriage and moving on with the relationship.

The first and most difficult step may be separation. However, once the divorce takes place, it is likely that both spouses have already reorganized their lives, so the situation may not be as traumatic. In fact, the experience can even be considered liberating.

It is also possible that one of the spouses still hopes to return and considers the final dissolution of the marriage as the final proof that the relationship is permanently ended. It can be a difficult time for either of you in this case.

separation or divorce

Either way, both situations are difficult. In these cases, both in one and the other there may be certain characteristics that resemble the actual mourning process:

• Feeling of loss of expectations and ideals.
• Feeling of failure, a fact that can lead to guilt.
• Suffering for the children and fear of the changes to come.
• Situations of low self-esteem, personal questioning and evaluation of the past.

• There may be the development of depression, as it is not simple to end a relationship that has lived for many years.
• Anxiety is also a common feature. Associated episodes of insomnia may occur.
• There may even be cases of post-traumatic stress disorder, especially if there was gender violence.
• In addition, it may be that one of the spouses shows symptoms of lack of adaptation and a tendency towards isolation.

There is no doubt that this is not a pleasant situation for anyone. However, as difficult as it is, we have to try to rationalize and resume our lives after a separation or divorce, especially if there are children in common.