What is the difference between separation and divorce

Both separation and divorce, understood as legal figures and legal formulas, necessarily imply the prior existence of a marriage bond between two people. Both resolutions denote that the personal relationship does not work the same as at the beginning and that on the part of one or both spouses, the decision is made not to continue with the legal relationship that had been established between them. However, both figures are not identical. In .com we show you what is the difference between separation and divorce .

What is the separation

Although the terms separation and divorce are often confused, they certainly do not mean the same thing. In the case of separation, in addition, you must distinguish between legal separation and de facto separation .

In the first of these, a judge must necessarily intervene, who certifies the legal cessation of cohabitation between the members of the couple until that moment of marriage. However, the separation does not imply, in any of its models, the extinction of the marriage bond. That is, the spouses, although separated, will continue to form a legal marriage.

When the judicial separation is chosen, the judge will determine the separation of assets (in the event that in the capitulations the community property regime was chosen), it will determine the distribution of the joint assets of the couple and, finally, it will also determine with whom the children will live (if any), the visiting regime and alimony.

The fundamental difference between judicial separation and de facto separation is that the judge does not intervene in the latter. In addition, separated spouses can continue living under the same roof if they wish.

In case the couple reconciled, they would not need any legal step to resume their life together, since the marriage never ceased to exist and they were always married.

What is divorce

The divorce, unlike the separation, supposes the legal, complete and definitive rupture of the matrimonial regime. This step necessarily requires the intervention of a judge and is given at the request of both spouses or one of them. Once the marriage contract is dissolved through divorce, members can only recover their old status by remarrying and going through the civil registry.

The divorce will also be accompanied by a regulatory agreement and stipulate the custody and guardianship of children, as well as the visitation regime, the distribution of common property and alimony.