Legal Differences Between Divorce And Separation Affecting The Child Custody 

A formal separation involves postponing your marriage. Usually, after moving to different homes, the spouses begin leading separate lives. However, a formal legal separation is more formal than a simple separation. Child custody depends on a lot of factors, and the parents need to know the difference when they are separating. 

Legal separation is a court order that will mention the rights and obligations of the couple while they are still married but living apart. On the other hand, a divorce formally terminates the marriage. A court-ordered legal breakup that could eventually lead to reconciliation is known as judicial separation. Judicial separation is the temporary freedom from marriage responsibilities or obligations. Contact the Ottawa Child Custody Lawyer today to get a clear idea on this topic. 

  • Legal Situation 

There is something called legal status. Understanding it is essential for differentiating between separation and divorce. This separation can be temporary or permanent.  It allows both individuals to take time from each other and think about it properly. 

Doing some self-examination and maybe even healing can help them realize their decision. Divorce, however, legally ends a marriage and releases both parties from the responsibilities and limitations of a married relationship. Every situation comes with distinct rights and obligations depending on the legal position.

  • Potential for a settlement

There is a possibility that after being away for a while, the couples might have time to think about the whole situation and realize they were about to make a wrong decision. It allows couples to look at their relationship, focus on solving disputes, and consider getting back together. All of this takes time, and when couples are away from each other, it gives them a timeout without affecting their marriage legally. 

The trial separation phase can give important information on whether a marriage can be saved. A divorce, on the other hand, implies a definitive choice to end the marriage and remove all possibility of the couple getting back together. 

  • Roles in Marriage

It is necessary to know the difference between separation and divorce. Both have different roles and responsibilities. Couples might still owe money to each other. Couples can also have other commitments to each other in terms of money.

It can be spouse support or property division money. These commitments are usually discharged in a divorce, allowing each party to create separate legal and financial rights. Knowing and understanding all the legal and monetary obligations towards each other is very important before getting a divorce or going for separation.  

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