Difference Between Judicial Separation and Divorce
Difference Between Judicial Separation and Divorce
Judicial Separation is the stage of a marriage in which the husband and wife are not obliged to stay together and they decide to separate. For this case, husband and wife are not free from the bonds of marriage according to the order of Judicial Separation granted by the court. It will disallow husband and the wife to live together and insist that they must live separately.n.g.
Judicial separation is an alternative to divorce. The main difference between Judicial Separation and divorce is that the divorce always causes termination to the marriage but for judicial separation, it does not.
The legal status of judicial separation is entirely different from being divorced and be married. For judicial separation, the court has to order for the prohibition on cohabiting together, but it does not end the obligations of marriage. Both the husband and wife will still remain in the same ties of marriage obligations. In the case of divorce parties are allowed to get remarried, but for Judicial Separation it will be illegal to be getting remarried. We can also find some similarities between them. The procedure and grounds for getting both are the same. The parties can choose their remedies from the court.
Divorce brings a marriage to the end and but Judicial Separation does not. Because it is more than the husband and wife living apart. A Decree of Judicial Separation proves that the marriage has irretrievably broken down.
Where the decree of judicial separation is passed, it will no longer be obligatory for the petitioner to have a relationship with the respondent. The decree of judicial separation is given by the court in which the husband and wife have to live apart. But this does not implicate that they do not have the right to live in the same house. It does not terminate the relationship between the two.
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