Divorce vs Separation - Difference and Comparison

Also Compare

Cameras Cars Cell Phones GPS Systems Processors Tennis Players more..

From Diffen

[Edit Comparison Table]

Similarities (1)

Differences (4)

Show All (5)

	Divorce	Separation
Duration:	Lifelong	On mutual decision
About:	A condition where a couple part ways permanently on a court order	A condition where a couple decide to live separately, usually on a trial basis.
Legal status:	Yes	No (except for in a legal separation)
Issues settled by:	Court	Mutually
Types:	3	3

Divorce and Separation are terms that describe conditions in which a married couple part ways. But they differ in terms of legal status, custody of children etc.

A divorce is a court judgment that ends a marriage. A separation is a condition where a couple live apart without getting a divorce. At the time of a divorce and separation various issues such as custody of children, financial burden, asset control etc have to be settled between a couple. In a divorce, the court after listening to both sides decides these issues while in a separation the couple themselves has to decide these things. Every nation except for Malta and Philippines has legal divorce.

1 Separation vs. Divorce - Legal status
2 Issues settled in a divorce vs separation
3 Types of divorce and separation
4 Duration of separation and Permanence of divorce
5 See Also
6 References

[edit] Separation vs. Divorce - Legal status

Divorce is a legal end to a marriage as the court is validating it. Separation is not considered legal as the couple have mutually decided to part ways. But in some countries, separation can be given a legal status by getting a legal separation done. In a legal separation, a couple live apart and also disentangle their finances without getting a divorce. In this either the couple can reconcile later or in due course get a divorce.

[edit] Issues settled in a divorce vs separation

Some of the issues that need to be decided in a divorce judgment are:

the grounds (legal reason) for the divorce;
custody of children;
support of children;
visitation with the children;
division of assets (for example, pensions, bank accounts or stocks);
alimony (or support for the spouse);
division of personal property (for example, car or furniture);
what will happen to any real estate;
who gets to live in the marital home;
division of debts (for example, credit cards or electric bills);
name change; and
possibly, an order for protection from abuse.

In a separation, the couple may decide what issues they want to settle themselves and there is rule about which issues to address. They may just decide to live apart without settling things like finances and assets. Sometimes, separation is just a transition phase that leads to divorce or a legal separation and hence some issues are not addressed while separation.

[edit] Types of divorce and separation

The basic types of divorce's are "Fault" divorce, "no fault" divorce and summary divorce. The first is a condition where various grounds are stated for the divorce and in the second no grounds are stated. A summary divorce is when the couple meets certain criteria and hence is eligible for a divorce. A separation can be mutual separation where a couple just lives apart and a legal separation wherein a couple enter a legal agreement for separation. A third form of separation can be a trial separation where a couple lives apart for a test period, to decide whether or not to separate permanently.

[edit] Duration of separation and Permanence of divorce

A divorce is permanent- it makes a marriage void and hence the marriage no longer exists. After a divorce if a couple decides to get back together again then it is a new relationship and a new marriage. A separation does not make a marriage void and a couple might get together again as their marriage has not ended. Hence, a separation may not be life long.