The Difference Between Separation And Divorce

The Difference Between Separation And Divorce

You can be separated from a spouse you are legally married to, but that is not what getting a divorce is.

A divorce is an order of the court. It is a legal document that only says one thing: you are not married anymore. Unlike a separation, when parties decide their spousal relationship is “over,” a divorce cannot simply be decided upon. A divorce has to be in the form of a court order and must be applied for by one or both parties. A divorce is a court order.

If you apply for a divorce, you must let the court know the grounds (or reasons) for your divorce.

In Canada, for example, there are three reasons for the court to grant a divorce:

⚡️ The spouses have lived separately for at least one year
⚡️ Adultery
⚡️ Mental and/or physical cruelty (abuse)

Obtaining a divorce is not mandatory.

Obtaining a court order stating that they are divorced is not a priority for everyone—some people who are separated never obtain a divorce.

If you intend to not bother with obtaining the formal order for divorce, you will want to ensure you have a separation agreement. A legally binding separation agreement will protect you from unintended consequences (such as a continued obligation regarding property division) if you stay formally married.

A word of caution regarding not getting an order for divorce:

If you wish to protect your property, you must get a binding separation agreement dealing with parenting, support, and property if you have not yet received a final divorce.

It is essential to consult with a legal representative in your jurisdiction to ensure you know your specific rights and obligations.

Separation:

Both married and unmarried spouses can separate.

To separate, all you have to do is decide that your spousal relationship is over, inform your spouse, and start behaving in a way that reflects your decision.

Whether you intend to get a divorce or not, you want to get a separation agreement (or court order) that finalizes and clarifies your legal rights and responsibilities going forward. Don’t end up like Olek.

If you are feeling a bit stuck, overwhelmed or stressed, don’t hesitate to reach out. I have got your back: val@thebetterdivorcecompany.com

Love,

Val

📒 Show Notes 📒
Visit www.thebetterdivorceproject.com for stress-free and drama-free divorce resources.

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