At Lexnova Lawyers, we understand that facing a separation or divorce is one of the most difficult situations in anyone’s life. In addition to the emotional aspects, those involved must make important decisions that will affect their future and that of their loved ones, especially if there are children involved. In this article, we will discuss the differences between separation and divorce, the legal implications of each, and how our firm can help you make the best decisions at this sensitive time.
What is the difference between separation and divorce?
It is common to confuse the terms, but it is important to clarify that separation and divorce are two different processes with different legal consequences.
- Legal separation: In this case, the spouses decide to live separately and cease living together, but the marriage bond remains in force. This means that legally they are still married, although there may be agreements on issues such as child custody or alimony. Separation can be an intermediate step before divorce, or a solution for couples who do not wish to formally dissolve the marriage.
- Divorce: Divorce, on the other hand, implies the definitive dissolution of the marriage. Once the divorce decree is issued, both spouses are free to remarry and the legal and patrimonial ties that existed between them are terminated.
Types of separation and divorce
Legal separation
- De facto separation: Occurs when the couple stops living together without going through a formal legal process. Although the relationship ends in practice, there is no judicial resolution to support it, so both spouses remain married before the law. This can generate conflicts if agreements about children, assets or pensions are not formalized.
- Judicial separation: This process requires the intervention of a judge, who regulates the conditions under which the separation will be carried out (custody of children, division of assets, etc.). The spouses remain married, but live independently.
Divorce
- Divorce by mutual agreement: In this type of divorce, both parties agree on the dissolution of the marriage and amicably establish the terms of the separation, such as child custody, visitation and division of assets. It is the quickest, most economical and least conflictive option.
- Contentious divorce: When it is not possible to reach an agreement between the parties, a contentious divorce is chosen, where a judge makes the decisions on the points in conflict. This type of divorce is usually longer and emotionally exhausting, as both parties present evidence to defend their interests
Key issues in separation and divorce
Child Custody
One of the most sensitive issues in any separation or divorce process is child custody. At Lexnova Lawyers, our focus is on ensuring that the rights and welfare of the children are the priority.
There are different types of custody:
- Joint custody: Both parents have the responsibility to care for and make decisions about the children equally.
- Sole custody: One parent assumes custody, while the other parent is usually entitled to visitation and must contribute financially to the care of the children through child support.
Alimony
Another relevant aspect is alimony, which ensures that the children continue to receive the necessary financial support after separation or divorce. The amount of alimony is calculated according to the income of both parents and the needs of the child.
Division of assets
In Spain, the economic regime of the marriage determines how the assets will be divided in the event of divorce. There are three main regimes:
- Regime of community property: All property acquired during the marriage is divided equally between both spouses.
- Separation of property: Each spouse retains ownership of the property acquired before and during the marriage.
- Participation regime: It is a mixture of the two previous ones, where each spouse is entitled to participate in the profits obtained by the other during the marriage.
Economic compensation
In some occasions, one of the spouses can request an economic compensation if his/her financial situation is harmed by the marital breakdown. This is common in cases where one of the spouses has stopped working to devote himself/herself to the home or to the care of the children. The judge will evaluate the financial situation of both parties before granting or denying this compensation.
Process for initiating a separation or divorce
Initial Evaluation
The first step is an initial consultation to analyze your personal and family situation. At Lexnova Abogados, we evaluate your case individually and advise you on the best options, whether it is a separation or a divorce.
Negotiation of agreements
If possible, we try to reach an amicable agreement between both parties. In these cases, divorce or separation by mutual agreement is usually the fastest, cheapest and most beneficial option for all.
Filing of the lawsuit
In the event that an agreement cannot be reached, we prepare and file the divorce or separation action before the competent courts. Our lawyers will handle the entire legal process, ensuring that your rights and those of your children are protected.
Sentencia y ejecución
Una vez que se dicte la sentencia de separación o divorcio, nuestro equipo te asesorará en la ejecución de los acuerdos alcanzados, asegurando que se cumplan correctamente.
Why choose Lexnova Lawyers?
- Experience in family law: We have a team specialised in family law, with extensive experience in separation and divorce cases.
- Close and personalised treatment: We know that each family is unique, so we offer solutions adapted to the needs of each client.
- Comprehensive advice: We not only represent you legally, but we also offer you emotional and strategic support throughout the process.
- Commitment to amicable resolution: We always prioritise negotiation and amicable agreement, avoiding, as far as possible, lengthy and costly legal proceedings.
Conclusion
At Lexnova Lawyers, we accompany you in every step of the separation or divorce process, providing you with expert legal advice and human support in these difficult moments. If you are considering a separation or divorce, do not hesitate to contact us. Our team of specialised lawyers is here to help you find the best solution for you and your family.
We are here for you!