This is the real difference between separation and divorce. /
Breaking up with your partner is never a pleasant situation. That is why it is important that they know the different options that exist.
A breakup is never a pleasant situation. Therefore, everyone who finds themselves in this situation should be aware of the different options that exist. Several doubts arise about what is the difference between separation, divorce and interruption of marriage. Well, there is an explanation of what each of these concepts imply and what legal connotations they have.
The separation implies the definitive cessation of the coexistence of the spouses. A decision that may be a mere de facto separation, in which the spouses give themselves time to decide whether to continue their relationship or not. It is possible that they formalize a legal separation or divorce in which the personal, patrimonial consequences and in relation to the children are regulated, if they have them, such as custody, visitation, communication, stay, exercise of parental authority, expenses maintenance, use of housing, etc. Sometimes, the original child custody agreement no longer works for everyone involved. Each situation is unique, and therefore it’s recommended to speak with an attorney to determine if divorce modification is possible in your case.
Both legal separation and divorce require going to court and obtaining a ruling. Even if the spouses agree and there are no minor or disabled children, it is possible to obtain a legal separation or divorce before a notary. If the spouses were in a marital regime, both with legal separation and divorce, this marital economic regime is broken.
If the legally separated spouses reconcile later, they will not return to community property, but will remain in separation of property after reconciliation, unless they execute marriage contracts before a notary in which they expressly agree that from that moment on they will be governed by community property.
As for the inheritance, if there is a separation (whether legal or simply de facto) such as divorce, the right to inherit from the other spouse is lost, as well as the right to the legitime of the widowed spouse, although if desired it is possible. leave something in a will
Difference Between Divorce and Separation
The difference between the two concepts is that separation does not dissolve the marriage bond, which means that the spouses cannot remarry. On the other hand, the divorce is dissolved and, after it, the spouses can remarry each other or with other people. Normally, the reason why separation is chosen instead of divorce is for religious reasons.
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