You see it coming, the situation has been unsustainable for a long time and you are considering ending your marriage. If you are facing a possible breakup of the relationship with your partner, before making any decision, it is essential that you and your spouse decide which option is most convenient for both of you, divorce or separation. Therefore, from our office lawyers in Murcia We explain to you what the difference between separation and divorce, as well as the legal implications of each of them.
To explain the difference between separation and divorce, first let's analyze the points they have in common. And later and although they are fewer, the differences that make them such different paths.
Points in common: cessation of cohabitation, economic regime, relationship with children and by mutual agreement or litigation
Termination of cohabitation
The main similarity between separation and divorce is that both formulas entail the cessation of cohabitation. The spouses will not be able to live in the same home and, in addition, the powers and consents granted to each other will have to be revoked. And the fact of not living together also implies another series of circumstances that make up the common characteristics between separation and divorce.
Liquidation of the economic regime
In both cases, separation and divorce, the matrimonial property regime will be dissolved. The liquidation of assets and distribution will be made based on the economic formula by which the marriage was governed. If the economic regime of the marriage were community property, the division of property will be more complex than if it is a matter of separation of assets. Although in both cases it will be advisable to have a divorce lawyer.
Relationship with children
The third point in common between separation and divorce is related to children, since in the event of any marital breakdown, they are collateral victims. And since they are the most unprotected, especially if they are minors, Justice will always try to defend them, always guaranteeing the best interests of the minor. Therefore, both spouses must establish the type of guard and custody, the visitation regime, alimony and any other aspect related to the care and attention of the minors.
Generally, whoever is in charge of custody will be the one who has the right to use the home, with the other spouse being the one obliged to leave. And in the case of shared custody, there are many more options as it is a much more flexible regime.
By mutual agreement or contentious
Another common aspect that separation and divorce share is the way in which the breakup is reached, by mutual agreement or by judicial means. In our law firm in Murcia We recommend choosing the path of mutual agreement, since it means avoiding a harsh and costly judicial procedure, and not only in the economic aspect, but also in the emotional and family aspect.
Difference Between Separation and Divorce
The main difference between separation and divorce is that separation does NOT put an end to the marriage, and leaves the door open to a possible reconciliation, while divorce represents a definitive break.. Therefore, upon separation, both spouses will continue to be considered husband and wife, which implies that neither of them will be able to remarry, neither among themselves nor with third parties, until that bond is no longer active.
Difference between separation and divorce, what should you choose?
Now that you know the difference between separation and divorce, it is time to think about yourself and what is best for you. Regardless of the decision you make, it will be necessary for you to have an office of family lawyers to advise you and take care of your interests. At ACC LEGAL ABOGADOS we offer you a free and no-obligation first visit. Make an appointment now!
