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What is Judicial Separation?

What is Judicial Separation?

A judicial separation is a necessary form of personal separation by which a couple, who have been living together, may legally separate. This type of separation also serves as the basis for some types of second marriages.


The Judicial separation is used today in a variety of different ways. For example, a couple living together who do not have children may be able to divorce utilizing this type of separation.


A judicial separation, while a form of segregation, can be very different from a marital dissolution or annulment. The judge must sanction the divorce in the state or federal jurisdiction, where the couple lives.

How does a Judicial Separation Works?

In most cases, a couple who have lived together for some time may be able to divorce without going through the process of a marriage or civil union. There are many resources available that will help couples determine their eligibility for judicial separation.

Each state sets its requirements for how long a judicial separation must last before one party can apply for it. In most cases, the separation may be from a period of about two years. It is generally required in order to obtain a divorce after a separation that is to end in a marriage.

A separation is used to separate one’s partner’s assets from the other partner’s assets. This could occur when one spouse dies and is forced out of the partnership. Some states allow for separation for reasons such as an adult child who is faced with the responsibility of caring for an elderly parent.

“Judicial separation has been in existence for decades”

A common form of separation for these types of situations is child support. Couples, who live together and are raising children together, often use the children to shield them from one another.


For example, the parents who were married are now getting divorced and cannot continue to share the necessary visitation rights with the children. These children may live with the estranged parent, but they cannot share the parent’s love for them.


This can also occur if the children’s safety has been threatened by one parent who is no longer around to protect them. One parent may be leaving home with a new partner, and the child cannot move to a new home because they may face abuse at the hands of the new partner.


These situations are called abuse cases and may require a court ruling to take custody of the child away from the other parent. If there is no abuse of the child, a court may decide that the child should be given to the other parent if they live in a specific geographic area.


The judicial separation will provide each of the partners involved a fresh start. It can be an essential step in the divorce process and maybe the only way that the divorce can go through.

For more information, please visit Kapil Dixit & Co., Advocates. Call now: 9900680001

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