Take Ravi and Sunita’s situation as an example. They had been together for five years and had two great kids. But as time went on, they started to fight and disagree with each other more often. This caused them to grow apart.
One day, they realised that they couldn’t keep living together, so they decided to go their separate ways. They knew that they could either get a divorce or get a legal separation. But what makes one different from the other?
In India, getting a divorce is the legal way to end a marriage. It’s a final and permanent solution that ends the marriage legally and lets both people get married again. On the other hand, judicial separation is a court-ordered process that lets a couple live apart without ending their marriage.
Divorce is a separation that lasts forever, while judicial separation is a separation that lasts only a short time. During a judicial separation, the couple is still legally married, but they do not have to live together. The court tells the couple to live apart and may also make decisions about child custody, child support, and the division of property.
The main difference is that both people can get married again after a divorce, but not after a judicial separation. People often think of judicial separation as a trial run for couples who might want to get back together in the future or who can’t get a divorce for cultural, religious, or personal reasons.
In a divorce, the court cannot order either party to pay maintenance. This is a big difference. In a judicial separation, on the other hand, the court can order one spouse to support the other. Also, when a couple gets a divorce, the property is split between them according to the law. In a judicial separation, however, the property is not split, and each person keeps their own share.
To get a divorce, the couple must show that the marriage has broken down irreparably. For a judicial separation, on the other hand, the couple does not have to show that they did anything wrong. You can get a judicial separation for things like abandonment, cruelty, adultery, or both parties agreeing to it.
Ravi and Sunita chose a legal separation instead of a divorce because they thought they could get back together in the future. The court told them to live apart and set up custody and support for their children. After a year, Ravi and Sunita decided to try again with their marriage, and they were able to get back together.
To sum up, divorce is a permanent and final solution, while judicial separation is a temporary separation that lets couples live apart without ending their marriage. It’s a good choice for people who might want to get back together in the future or who can’t get divorced for cultural, religious, or personal reasons. Before you do anything, you or someone you know who is in a similar situation should talk to a lawyer.
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