Two words often used interchangeably, as though they are but a distinction without a difference.
The difference becomes becomes painfully distinct, when it is you who is sitting on the opposite end of the table, with a lawyer asking you which one you’re going to pick.
Judicial separation and divorce are different in number of ways, each of which will have serious consequences to your life. The foremost thing to understand is that, separation is a temporary suspension of marriage, one which makes plenty of allowances for you (or your partner) to change your mind or reconsider your status. You both have the option to go back and resume your marriage if you do wish so. A divorce on the other hand is permanent, there is no legal provision to undo the status once the dotted line has been signed.
The legal path to judicial separation and divorce is also different. While a couple can only file for divorce after completing 1 year of marriage, you can choose to file for separation at any time after the day you are married. Under Indian law, separation is a relatively simpler one-step process, requiring the passing of a single decree of separation. A divorce on the other hand, requires the couple to first attempt reconciliation on a mandatory basis. It is only after this step that upon re-confirmation of the desire to end the marriage by the couple does that court grant a divorce.
A couple that is separated is still considered to be husband-wife in the eyes of the law, while a divorce permanently ends that status. Given this, neither party is allowed to remarry while separated, that can only be done once the divorce has been finalised.
So which one is right for you? Simply, if you or your partner feel that there is a possibility of reconciliation, (remote as it might be) consider a Judicial separation, it leaves you with a number of viable options down the road, divorce also being one of them. If you are sure that your marriage is over and you are certain that you wish to make a new beginning, then divorce is sure way of permanently putting the relationship behind you.
In addition to these basic differences, there a a number of nuances that should factor into your decision. Choose only after ensuring that your legal advisor knows about particulars of your case, every detail counts and could make a huge difference in the recommendation.
A driving factor behind starting getmeadivorce.com is to ensure that you can get information at your own pace and understand the nuanced differences such as these. We understand that talking to a legal professional can often be intimidating. Our aim is to simplify the process for you, by ensuring that you have a clear understanding of the options in front of you. So talk to us, our counsellors are qualified professionals with years of experience under their belt. Your comfort and confidence is our utmost priority, our platform is 100% private and anonymous. We are a virtual safe space, at no point we will ask you for your personal details, share at your own pace and only as much as you want to.