Difference between separation and divorce in the legal sphere

portada diferencia entre separacion y divorcio

When a marital relationship faces insurmountable difficulties that may end in the rupture of the bond both affectively and legally, it is crucial to understand the difference between separation and divorce. difference between separation and divorce. In this article, we will explore these differences and how to proceed in each case.


What is separation?

Separation is an action in which a couple decides to live separately, without taking legal action. During separation, each person may choose to live in a different place, establish financial and custody agreements, among others. All this without legal intervention.

In Colombia, the separation can be of two types:

  • In fact: it can be unilateral or by mutual agreement. The first is understood as abandonment, i.e., one of the two spouses leaves the home. The second can be by mutual agreement.
  • Judicial: contemplated in article 165 of the Civil Code. It is a mechanism that the law provides to resolve marital crises when the couple thinks that there may be a reconciliation. By this means the obligation of cohabitation between the spouses is suspended.

This can be of two types:

  • Indefinite: it is for an indefinite period of time and automatically dissolves the marital partnership.
  • Temporary: granted for one year, extendable indefinitely. Upon expiration of the year, the law automatically presumes that there was reconciliation and all the effects of the marriage begin to take place again.

What is divorce?

On the other hand, the difference between separation and divorceis that the latter is the legal process of ending a marriage. In this case, It is necessary for couples to file for divorce through a lawyer before a family judge, who will evaluate each process. If approved, the marriage is officially dissolved.. In this situation, definitive terms are agreed upon regarding the division of assets, child custody and other issues.

Effects of divorce:

  • The spouses are legally free to remarry, if the marriage is not link was only civil.
  • The rights and obligations of marriage, such as the duty of fidelity and duty of care, are dissolved.
  • Agreements regarding child custody, distribution of assets and financial obligations should be established.


Emotional and Legal Implications

The main difference difference between separation and divorce lies in the legal and emotional implications. Separation allows for a pause and reflection on the relationship without legally terminating the marriage.. Generally, this process is carried out on good terms and in acceptance by both parties. On the other hand, Divorce is a more definitive option that ends the relationship in all legal aspects.. It can be seen as a liberating step, but one that also involves a challenging legal and emotional process of having to
dividing assets
and establish custody agreements, without a doubt, a decision that is by no means simple and where the children may also be affected.

Where to get legal advice?

Now that you know the difference between separation and divorceIf you are interested, you can make the decision that best suits your current needs. However, it is necessary that you seek the advice of a professional in the following areas
as a Legal Service, where you will be accompanied and advised on the procedures involved in each case.