The marriage in India is both a social agreement as also an acknowledged legal one. Nevertheless, in cases of irreconcilable differences and conflicts, couples are likely to resort to legality e.g. legal separation or divorce. Although these terms are terms normally used interchangeably, they have different legal implications. Before settling down on what option is more suitable with regard to legal separation and divorce, it is important to understand the difference between the two. You can come out of this tricky decision successfully by consulting a qualified divorce lawyer.
What is Legal Separation?
Legal separation implies that the spouses can reach an agreement of separated lives without divorce. The Indian courts have provisions under different personal laws where couples can apply to be separated judicially but this is not so much known within the Indian law as in some western countries.
Section 10 of the Hindu marriage Act, provides that under similar terms to divorce (cruelty, desertion or adultery), judicial separation may be granted. Although the couple is not divorced, they do not have any obligation to stay together. This type of legal separation allows couples to take time to think or to receive a counseling or to correct their relations without living together. A quality divorce attorney should assist in preparing separation agreement that contains the provisions of child custody, maintenance, and property.
What is Divorce?
The legal and irrevocable severance of a marriage, by a court is referred to as divorce. It leads to termination of the marital relationship utterly. Both the parties are liberal to be remarried once there is a divorce decree. You can go for divorce in two way through mutual and contested divorce
In India, the religion determines the divorce procedure through manners of divorcing married couples. With the Hindu, the Hindu Marriage Act is applicable; with Muslims, the Shariat Law; Christians, the Indian Divorce Act; and Parsis, the Parsi Marriage and Divorce Act. The important thing is to find someone who has had experience in offering a divorce lawyer, someone who makes your interests, and rights come and prevail throughout the process regardless of the religion.
Major Differences between Divorce and Legal Separation
The table shown below clarifies the most important distinctions between legal separation and divorce:
| Aspect | Legal Separation | Divorce |
| Marital Status | Legally married | Legally single |
| Right to Remarry | Not allowed | Allowed |
| Property Rights | Usually preserved | May be divided |
| Reconciliation | Easier to resume marriage | Requires re-marriage |
| Legal Status | Temporary or transitional | Permanent and final |
A consultation with an expert in divorce law will be important so as to assess your personal situation and determine which party will serve you better in the long run.
When to choose Legal separation?
Legal separation can be perfect in the following situations:
- In a case where the couple has doubts on going permanent on a divorce
- To keep such marital privileges as property rights or health insurance
A competent divorce attorney will assist you to prepare a legal separation agreement that spells out details pertaining to your rights and duties throughout the separation. In case you want a divorce lawyer in Noida, there are various renowned legal experts who are graceful and discrete in dealing with both the issues of separation and divorce.
When is Divorce the Better Option?
The better alternative to divorce is when:
- No possibility of reconciliation
- The freedom to get remarried by either or both parties is desired
- Irreconcilable differences or constant mistreatment
- Procedures related to the division of the assets and custody should be legally solved
It is advisable to consult a experienced divorce lawyer. A consultation with a divorce lawyer online offers the opportunity to be flexible, anonymous and obtain legal advice without having to be in presence of the lawyer.
Legal Process Involved
Legal Separation
- An order should be obtained by you (or by your spouse) to file a petition to the court in regard to this matter in the personal law of the religion (such as Hindu Marriage Act etc.).
- You will have to give valid reasons such as cruelty, desertion or inability to cohabit.
- Judicial separation can be awarded by the court- this implies that you will not be required to live together though still considered a married couple.
- Throughout this period you are advised to consider having a divorce lawyer who will help you draw a separation agreement that entails matters such as child custody, financial support and use of property.
Divorce
- As far as the divorce is concerned it is a matter of whether you and your spouse agree on the particular procedure:
- Mutual divorce allows both of you to come into agreement and file together in court.
- In a contentious divorce only one individual files and the other person can contest it.
- Among the reasons that are considered in the court is cruelty or adultery or even total breakdown of the marriage.
The court issues a final divorce decree- a way of giving the marriage the end it deserved in the case that the decision is given verdict.
A trusted divorce lawyer in Noida is very important in both cases. They will ensure that your rights are respected and process is assimilated with ease. When dealing with a divorce, you may be at crossroads and at this point, a divorce lawyer online consultation can provide you clear, confidential legal advice in the clear and, most importantly at the comfort of your home.
Benefits of Consulting a Divorce Lawyer
You need to enlist the help of a professional whether you are undertaking legal separation or divorce. Your divorce consultation can assist you in the following manner:
- Secure wealth and earnings
- Do not cause unnecessary emotions and stress at the legal level
- Understand your legal rights and liabilities
It is also possible to request help through online consultation by a divorce as a preliminary consultation to seek advice or also as a second opinion. A number of divorce lawyers in Noida also presently give online services in order to provide services to the clients located in India.
What LawChef Can Do?
At Lawchef, we know that separation during marriage is an emotionally trying case. Through our platform, you can get easy access to reputable divorce lawyers in Noida and professional divorce lawyers consultation as well as get quick online consultation. You may require a comprehensive separation agreement or you may be ready to file a divorce case; we are able to assist you in support with zeal, to preserve your rights and tranquility.
