Legal Separation vs. Divorce – The Differences of These Two types of Parting

There are many differences between a marital separation and divorce. Right out of the gate, it is truly essential to understand the actual dissimilarity between a marital divorce and legal separation. To put it in simple words–a separation allows time for reconciliation between the couple, whereas divorce is a permanent end to the marriage.

In this article, we will give you sufficient technical knowledge you should arm yourself with before you think of filing a divorce:

Legal Separation Doesn’t Dissolve The Marriage, Whereas Divorce Does.

Legal separation outlines the rights and responsibilities of each spouse while they are living apart. In a legal separation, the couple is still considered married just that they lead separate lives and no longer stay under one roof. A marital divorce, on the other hand, annuls the marriage completely. It also resolves matters related to the division of properties, child custody and support, and alimony. Couples become single again after the divorce.

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Legal Separation Has A Possibility Of Couples Getting Back Together And Resolving Their Differences, Divorce Annuls The Marriage.

If a couple is legally separated, there are still chances that they may get back together. It allows each party sufficient time to reconcile and figure out if they will be able to live together. They are given enough time to make their mind up if divorce is truly what they want. However, in divorce, the marriage is completely dissolved. If you have to choose between legal separation and divorce, it’s better to choose the former.

A Legal Separation Allows Spouses To Benefit From Various Different Settlements Like Medical And Health Insurance. These Things Are Not Possible In Divorce.

If you are covered under the health or medical insurance of your spouse, you can still retain it and continue to benefit from it when needed. The insurance agreements will still continue to be valid during the period of separation. While in divorce, all insurance plans associated with the ex- spouse will be terminated.

Judicial Separation in India

Legal Separation Can Still Allow The Spouses To Continue Using Their Joint Accounts, Divorce Terminates This Option.

More often than not, spouses have their joint accounts. In the case of legal separation, the agreement will define if the joint accounts can still be used by both the spouse or not. Divorce, on the other hand, closes all joint accounts of the couple and settles the financial matters separately.

Separation Doesn’t Permit You To Remarry, While Divorce Does.

Legal separation is not for people who wish to remarry. Since the parties are still lawfully married, neither of them will be allowed to remarry. In such situations, you have to go for a divorce.

If you are seeking or contemplating a divorce, you must seek the legal advice of a qualified divorce lawyer who is equipped to handle your situation. A Divorce Attorney can help you get the desired outcome as Legal issues related to divorce are complicated.