Types Of Parental Separation And Effects On Children
Separation is the decision of a couple to end cohabitation and married life. This implies that each of the spouses go about their life completely independently. However, the separation of the parents does not imply the dissolution of the conjugal bond, so they will not be able to marry other people.
To legally dissolve the bond, you need to get divorced. Whether the couple separates or divorces, if there are children, it is advisable to reach an agreement on their care and maintenance.
If there is no agreement, in both cases you can go to court so that it is the court who determines the conditions of custody and custody of minors. Next, we will see some elements to know what the types of parental separation are and their effects on children.
Types of parental separation
To avoid confusion, it is necessary to clarify that separation and divorce are two legally different things. Generally, one or the other term is used interchangeably to refer to the fact that a couple has stopped living together. However, from a legal point of view, they are two very different figures in terms of their effects.
The separation does not end with the marriage bond, so a separated person cannot marry another person. Also, if the separated spouses reconcile, they will not need to remarry, as the bond will not have been dissolved. Although separation is often a step prior to divorce, it is not always the case.
Regarding the measures to be determined for the care of the children, if they exist, the effects will be the same in both cases. Both in separation and divorce, a visitation regime, custody and custody, and alimony must be defined.
There are mainly two forms of separation: de facto separation and judicial separation ; both have legal and patrimonial effects. The separation in fact is, many times, a step prior to the end of married life, which does not involve a judicial process.
Judicial or legal separation requires the presentation of a demand for separation, as well as a subsequent court ruling. From that sentence, the marriage will be legally suspended, so that each member of the couple will have the possibility to decide freely about their assets. The judicial separation can be by mutual agreement or contentious.
Child custody
The child custody decision follows the same procedures and considerations in the case of de facto separation, legal separation or divorce. If there is an agreement between the parties, which is always the most advisable, the judge must ratify the parents’ decision. You may not do so if you consider that there is a risk to minors.
If the parents have not been able to reach an agreement, the judge must make decisions regarding the care of the minors. It will do so after hearing the parties and, if applicable, the Public Prosecutor. The judge will decide on the guardianship and custody of the children.
To make this decision, the parent who exercised custody with the greatest intensity prior to the separation or divorce claim, who, generally, are women will be taken into consideration. Lately there are more and more cases of joint custody or parents getting custody.
Statistics show that they are the ones who request the most reductions in working hours for the care of their children and, many times, they even temporarily leave work for the same reason . That is why the judge more often grants custody to mothers.
Alimony
Whether the parents separate or divorce, the child support must be defined. In this case, it may also be established by mutual agreement or by court ruling. The maintenance pension is mandatory but, in addition, a compensatory pension can be established, which is optional.
The amount of the alimony depends on each particular case, and it is the spouses who must set the amount, periodicity and form of payment. If there is no agreement, the judge will do it, depending on the income of the spouses and the needs of the non-emancipated minor.
