In several states, you are obliged to be separated for a determined time before you can get a divorce. But in all other cases, you have full freedom to choose between divorce and separation considering your needs and preferences. If you hesitate about what suits your situation better, you’d rather explore the difference between separation and divorce so that you can decide on the top beneficial option.
Legal Process Not/Necessary
If divorce is your choice, then a lawful process is necessary. You will be busy with the issues of how long does a contested divorce take in PA, how to deal with property division and child custody, and what attorney to hire. All the negotiations and agreements will be lawfully approved and signed to come into force. But after it all comes to the end, you will be officially divorced and the relationship with your ex will be regulated by the divorce agreement.
When it goes to separation, you just ought to announce to your former beloved that you'd better separate and this is it. But you will have to back your words with actions. You may even not leave the house, just sleep apart and manage your lives without much interaction. All your relationships will be regulated by you only.
Splitting the Rights and Duties
When bringing your marriage to an end legally, you will discuss resolutions to main divorce issues, covering property division, custody, visitation, debt allocation, and more. You can involve your partner and your attorneys only, hire a mediator, or bring your negotiations to the court. As soon as all the agreements are approved, you obtain the divorce decree and live your life according to its regulations.
Following the resolution of these matters, you may also need to consider the next steps in moving on with your life. This may include availing a name change service, which will help you revert to your maiden name or adopt a completely new one, making the transition smoother and establishing your independent identity post-divorce.
With separation, the process is easier. You reach an agreement with your spouse orally and interact in a way that is comfortable and beneficial for both of you. This way it is even easier to try out different scenarios, for instance, for child custody, and select the best suitable one eventually. If you hesitate whether your spouse is going to apply the discussed decisions, you can turn a settlement agreement into a legally approved and signed doc as well.
Different Terms Involved
When deciding between divorce or separation, you should take into account the differences between the statuses you are to hold on to. If you are legally married, you can become legally single only as a result of divorce. Meanwhile, after separation, you will be separated but still married. If you only lived together but were not married legally, a separation will be enough to set you apart and live on without your ex.
No/New Relationships
Another difference that determines your choice is the possibility to build up new relationships. If you are officially divorced, you can create new relationships, a domestic partnership, or enter into a marriage without any obstacles. You are legally single so you can do anything you want with your private life.
While after separation you cannot get remarried before you get divorced. Any other romantic relationship with a new partner during separation may impact the divorce outcomes. You can lose in property division, child custody, and alimony if your partner decides to exploit the fact of your new relationship against you.
Life Principles and Priorities
Many couples choose separation vs divorce regarding their life principles and positions. For example, some religious people may be restricted from getting divorced by their church. But if they can live together no more, separation is the best way out. You are not legally divorced so you don’t break any religious rules. But you gain a possibility for domestic and financial independence instead.
The same goes for any other life principles that restrain you from getting your marriage terminate legally. If you have no wish to harm your kids or disappoint your family or friend with divorce status, a separation will solve your issue and doesn’t cause so much turbulence as the divorce may do.
Conclusion
Divorce and separation are different processes that will bring various changes to your family life. Divorce is for those who seek a radical solution to family issues and is prepared to put the marriage to an end without any way back. On the contrary, if you are not ready for a divorce but need time without your former beloved and relative independence, separation will suit you perfectly. Discover the divorce and separation peculiarities and choose the best suitable option for your family.
