judicial separation
Querist :
Anonymous
(Querist) 08 July 2010
This query is : Resolved
What is the difference between a judicial seperation and a divorce
A V Vishal
(Expert) 08 July 2010
The procedures for divorce and legal separation are essentially the same. The actions are filed in the same way and proceed the same way through the court calendar. And, the end result for both will be a final judgment which divides assets and debts, determines financial obligations between the spouses, and establishes placement and custody rights to the children.
However, a legal separation is different from a divorce. If you are legally separated, you cannot marry anyone else until the legal separation is converted to a divorce, and then you must wait six months after this is done. Also, if you are legally separated and you reconcile with your spouse, you can dismiss the legal separation and thus restore the marriage. In contrast, if you divorce, you will have to remarry your spouse.
Sachin Bhatia
(Expert) 14 July 2010
Legal separation sometimes judicial separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order, which can be in the form of a legally-binding consent decree.
Sachin Bhatia
(Expert) 14 July 2010
Divorce (or the dissolution of marriage) is the final termination of a marital union, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties.
