When things go wrong in a marriage, spouses choose to divorce or separate to protect themselves from negative outcomes. While both variants grant financial defense and the regulations for custody and other issues, only divorce will put an end to the marriage irreversibly. Additionally, divorce and separation take much time and money to be processed. It is significant to understand the difference between separation and divorce so that you can choose the best suitable scenario for your relationship hardships and prevent time and money wasted. Review the main points of divorce and separation and make the correct decision easily.
What Is Legal Separation?
When it comes to the procedure that can put an end to the marriage, legal separation and divorcecan both become good solutions. Still, while most people understand the essence of divorce, one should also know what separation is.
Legal separation pauses the marriage, not changing the marital status of both partners. They remain the next of kin but move apart for a defined time. The court-ordered regulations predetermine custody, financial independence, debts and properties division, and other divorce-like dissolutions for the former soulmates. After the separation period is over, the couple can decide to reconcile or end up their marriage with divorce.
What Is Divorce?
Divorce guarantees the same financial and personal protection as separation, regulates the relationships between spouses and their children, separates properties and debts, assign alimony, child support, etc. The only vivid difference between separation and divorce is that the latter finalizes the marriage with no official chance to reconcile but to get married again.
Still, some slight contrasts between legal separation and divorce make each process beneficial for a certain situation. Learn more about the peculiarities closely to decide correctly.
Why Choose Separation?
Spouses opt for marriage separation for a range of financial and personal reasons. Here are the top frequent cases when a legal separation is a better choice:
- If you hesitate whether you need final marriage termination, separation grants you space and time for proper consideration;
- you need more time to satisfy residence requirements to get divorced in your state;
- you choose separation over divorce due to religious or moral reasons;
- with separation you still have access to your spouse’s job insurance, while divorce won’t give such benefit;
- you may keep on paying joint taxes for financial benefits;
- if you are not married for ten years yet to receive social security and military advances, you can stay legally married to the necessary point, but separation will make your life more comfortable when you don’t want to be around your spouse anymore;
- you want to stay legally married for the comfort and benefit of your children.
Separation grants you defense and guarantees more freedom of action and some benefits. Still, separation cannot solve the case the same way the divorce may do in certain situations.
Why Choose Divorce?
If you prefer to file for divorce online, you may receive similar regulations as separation grants. Still, the level of protection from your ex and previous relationships will be more substantial. In separation vs divorce decision, you should pick out the latter variant in the following cases:
- when your decision about marriage termination is final, the divorce is a straightforward option without the need to waste extra time and money on separation;
- when you still hesitate, but the situation requires it, for example, if you or your family members suffer from domestic violence from your spouse;
- once you want to marry another person, you cannot do this legally before you finalize your current marriage, so divorce is your only option;
- you don’t want your spouse to have any slightest impact on your life, including medical or financial decisions, then the divorce will remove them from the position of next of kin.
Although divorce is usually a no-turn point for your relationships, in specific cases, it can save you from poisoning your life with an unhappy marriage, toxic relationships, or trouble-making spouse.
There isn’t any defined strategy to help you to determine whether you need divorce or separation on the spot. You need to analyze and assess your situation deeply, weigh all pros and cons, cooperate with the relevant experts, and make the beneficial decision between divorce and separation in the end.
