Divorce vs. Separation: What's the Difference?

Last updated 10 months ago

Often people are unclear on the differences between divorce and separation. When it comes to a separation, there are several different types of separation from which you can choose. Divorce, a more permanent option, still entails several factors you and your spouse will need to figure out before the divorce can be finalized.

Take a look below for a comprehensive overview the difference between separation and divorce.

Separation
Under the category of a separation, there are four different types. Each type of separation may vary slightly from state to state, so be sure to consult with a divorce attorney before filing.

Trial Separation:
The couple lives apart for a test period to decide whether to separate permanently.
Living Apart:
In some states, living apart without intending to reunite changes the spouses' property rights.
Permanent Separation:
In this case, debts that happen after separation and before divorce are usually joint debts if they are incurred for certain necessities, such as to provide for the children or maintain the marital home.
Legal Separation:
If a couple chooses to legally separate, the court rules on the division of property, alimony, child support, custody, and visitation, but does not grant a divorce.

Divorce
Divorce is a legal end to a marriage that is validated by the court. The basic types of divorce include fault divorce, no fault divorce, and summary divorce.

If you think it is time to consult with a divorce lawyer in Montgomery County to discuss separation or divorce, contact Fox and Fox Attorneys at Law, P.C. Our divorce attorneys can provide the legal support and advice you need to help settle your marital disputes. Visit our website to learn more about how we can help you or call to schedule a consultation with one of our qualified attorneys.

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