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Do you know what the difference is between divorce and separation?

Although sometimes used interchangeably, divorce and separation are two distinct but often related choices. Both are consequential actions in the end of a married relationship, but there are substantial differences to keep in mind.

What is separation

The separation is the first step to take forward if you choose the dissolution of the marriage. In fact, separation also legally precedes divorce. This is a non-permanent situation and it can happen that a couple reunites. There are different types of separation, the different forms are consensual, judicial and factual separation.

Consensual, factual and judicial separation

With the consensual separation husband and wife can agree in common, before the mayor, while with the judicial separation it will be necessary to agree before a lawyer and judge.

In the case of de facto separation, however, it does not provide for either consensual or judicial agreements, it is simply the choice of one of the two spouses to separate and leave home. Obviously, everything also depends on the relationships between the two and what the couple’s experience was. Another aspect to consider is that of any children who may suffer terribly or accept the consequences. The way in which the decision is communicated to them is very important.

What is divorce

Divorce is a definitive step that marks the end of the marriage and it is necessary to start a process. Also in this case the divorce is joint, that is when both spouses agree on the conditions of the end of the marriage, and the judicial one, when instead it is not possible to reach the agreements.

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Divorce and separation: consequences

The substantial difference between separation and divorce is that with the separation the two people involved are still considered spouses, while with the divorce this bond is definitively dissolved. This means that if two spouses are only separated they cannot remarry and start a new marriage, but they can still enter into another relationship.

The difference between separation and divorce also entails a different management with regard to maintenance allowances and in the case there are children in the family also with regard to foster care.

The costs vary between divorce and separation

When it comes to separation or divorce, the expense inevitably changes. Consensual separation has lower costs than judicial separation, which is a real cause. Even with regard to divorce, the costs are different, whether it is a joint or judicial divorce.

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