Judicial Separation or Divorce

Before we delve further into seeking clarifications for these questions, let us first understand the procedural formalities of judicial separation.

<b>Judicial Separation</b>

Judicial separation is quite similar to divorce. The proceedings are initiated by the petitioner using any of the 5 facts for proving the irrevocable breakdown of marriage. Though, any of the five reasons could be used, the actual proof of marital breakdown is not a necessity. If satisfied by the validity of the case, the courts grant the ‘decree nisi.’ The ‘decree nisi’ is followed by ‘Judicial separation’ rather than the ‘decree absolute.’

Like divorcing couples, judicially separating couples also split their finances and decide child custodial issues. Their marital status however, remains intact. The courts free them the marital obligation of cohabitating. With the granting of judicial separation, neither party can be accused of desertion.

Many couples or solicitors practising family law advocate a divorce to judicial separation. Though, the couple are judicially separated, they remain man and wife. This effectively prevents their treading separate paths. This is a via media path that neither entails marital satisfaction to couples nor sets them free. Still a few people opt for a judicial separation. The reasons are not far to seek.

<b>Reasons for Judicial Separation</b>

One of the main reasons couples opt for judicial separation is due to the prohibitive force of their religion.

<b>Religious Views</b>

Usually, a single marital partner with strong religious orientation shuns a divorce. In almost all the cases of judicial separation, it is the wife whose religious views are against divorce. The husband rarely prefers this option. When one of the spouses is against this kind of separation it is best to terminate marital relationship in a divorce. Quite a few legal experts also hold this opinion. For, judicial separation effectively prevents remarriage at any point of time in the future.

<b>Remarriage</b>

Quite a few couples judicially separate as they have no intention to either divorce or remarry at a later date. However, this is a capricious decision and individual ideas are highly subjective. At a later date if one meets a highly suitable and prospective partner judicial separation effectively prevents remarriage. Imagine the situation. If one of the spouses were to meet a prospective partner, the other would rarely consent for a divorce. The initial inhibitions regarding children or other issues that prevented a divorce might still hold good.

<b>Divorce and Children</b>

Some parents prefer to judicially separate to spare their children the divorce raked in agony of parental separation. Or there are times when the parents wait for the children to grow up. However, a fact many parents overlook is that children are equally affected by a divorce or a judicial separation. The mere act of separating from the biological parent impacts them the most.

Even couples without children opt for a judicial separation quite frequently. They might not have completed the stipulated time period for petitioning a divorce.

<b>Judicial Separation and Time Factor</b>

The time factor makes couples opt for judicial separation in the intermediary period before filing a divorce petition. Some couples plan to separate before the end of a year. There are also couples who opt for a judicial separation to fulfil the legal requirement of a two year or a five year separation prior to divorce. Alternately they also use this as a trial separation period.

<b>A Trial Separation</b>

Prior to divorcing a few couples opt staying separately. They try the judicial separation to test if divorce is good for them. If they find the rigors of loneliness or other problems too difficult to handle they eventually terminate judicial separation and decide to stay together. If they are comfortable with a solitary life they divorce. Quite a few solicitors hold the opinion that a long tenure brings about many changes in the though process of people. One of the spouses may withhold consent to a divorce. This is one of the main inherent problems of judicial separation. Yet, some couples prefer this option either for their religious views or other considerations revolving around children and financial issues.

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