For a lot of people, divorce and separation sound almost the same. People do not understand the difference between the two terms. It may look like the same thing, but in reality, divorce and separation or two completely different things. A good family attorney will be able to guide you with both.

For a lot of couples, this is the sad reality that they sometimes need in order to move on with their lives. In order to figure out which is better for you, you need to understand both these things in depth. Research both these terms and then you can decide which option is better for you. The following article will help you understand the difference between a divorce and separation in detail.

What is a divorce?

When a married couple decides to end their marriage, that is called a divorce. This means that they will no longer stay married or wish to remain so. Then they submit their divorce papers to the court. A divorce is only considered legal when it is terminated by a court. Many people choose to reconcile later after getting divorced.

Until they remarry, they will stay divorced. there are six different types of divorces called uncontested divorce, contested divorce, no-fault divorce, fault divorce, default divorce and summary divorce. An uncontested divorce is where the couple separates their debts and assets on their own.

Contested divorce is when a couple comes to a settlement with the help of a lawyer. In a no-fault divorce, neither spouse is at fault for the breakdown of the marriage while in a fault divorce, one partner believes that the divorce is due to the other’s fault. Default divorce is when one partner files for a divorce but the other is not involved. Summary divorce is when a couple can get divorced quickly and easily, often without a lawyer.

What is a separation?

A separation, as the name suggests, is when a married couple chooses to separate. Separation can be either short term or long term. In a separation, they can separate their debts, responsibilities, assets etc. without getting a formal divorce. If the couple decides to separate, they are still legally married. However, they are living separately. A separated couple lives separately. They can choose to live separately in the same house or in different residents. Some separated couple also proceed on with a separation agreement that decides how each asset, responsibility etc. will be divided. A legal separation does not necessarily require any paperwork that needs to be submitted to the court unlike legal divorce.

There are three different types of separations namely trial separation, permanent separation and legal separation. Trial separation is when a couple only separated temporarily. Once the trial period is over, they can choose to either separated permanently, get divorced or reconcile. A permanent separation is when is when a couple separates permanently. This means they do not wish to reconcile in the future. However, you can choose to divorce in the future. A legal separation is when a couple is separated but cannot remarry without getting divorced first.

What should you get?

Separation is for couples who are unsure about ending their marriage or who still wish to legally remain married without any interference. They get the same benefits as a married couple. On the other hand, divorce is for couple who wish to legally dissolve their marriage.


Both separation and divorce are hard to deal with. You should explore your options and based on your situation, decide which is more suitable for you with the help of good family lawyers Fairfax VA. Your choice of a legal process will differ based on your situation. Before deciding, explore all your options in detail.