What is the difference between legal separation and divorce?
Judicial separation can be filed at any time after the marriage but in case of divorce, it can only be filed after completion of 1 year of marriage.
Judicial separation gives release from matrimonial duties and obligations for a certain period of time while divorce dissolves the marriage permanently.
Judicial separation is a first step process while divorce is a two step process.
In judicial separation, if the ground for it is satisfied by the court then it is granted but in case of divorce they reconcile the marriage first and then ordered for divorce.
Judicial separation can also be the ground for divorce.
Under judicial separation the parties can think about their marriage and reconcile it but under divorce, one cannot reconcile their marriage.
Judicial separation is defined under section 10 of the HMA, 1955 and divorce is mentioned under section 13 of the act.
