Separation Vs. Divorce

Towson lawyers in our legal center get a lot of questions about what the difference is between a separation and divorce. These two terms are frequently misused because many people think that they are the same thing, but they are not. A divorce is attained when a court of law finally declares the end of a marriage while a separation is attained when a couple decides to live separate from each other either for some time or even forever. Those seeking for a separation may be married or not married but living together like married partners are doing. A divorce puts a complete end to a marriage while a separation does not. As such, only legally married couples can apply for a divorce. In a separation though, couples remain married but live separately while in a divorce, there is no marriage binding the two people any more, it’s completely over and each goes their way without need to look back ever.

separation or divorceEven so there are issues that are considered while a court of law seeks to grant either a separation or a divorce. In most cases there are similarities in these factors since the issues considered in a separation are the same ones as those considered in a divorce case. These issues include parenting rights, spousal support, child support, division of property, visitation schedules, debt payments, as well as the designation of a residential parent and legal custodian among others.

The privileges and requirements of the parties are ruled by the court order which is enforceable through the law. The difference of the rules is that in a separation the court of law defines the accountability and privileges of each partner while they decide on living separate from one another. This agreement of a legal separation can later be used as the basis of a final divorce or dissolution of the marriage. The marriage however remains legally in place until such a time when one of the spouses takes some further action to axe the marriage. What this means therefore is that one should seek to have a separation agreement that they can live with for the rest of their lives without regrets since a judge can use it to define the divorce orders. That means that when you create your separation agreement, you should consider custody agreement Towson because those could be the terms that the judge decides on if you do happen to get a divorce.

For many reasons, a legal separation is more favored by many people due to the approach it takes unlike a divorce. For instance, it gives a couple time to reflect on what has been ailing their marriage and while apart they are able to rethink on how to better handle the conflicts and if not so, they can also decide if they would like to proceed with filing for a divorce if comes to that. It also enables the couple to enjoy benefits accrued from remaining in a married status such as those of insurance. In addition it also enables partners who hold religious conflict with the acceptability of having a divorce to keep their religious beliefs on marriage intact by only living apart.