Legal Separation

  • Legal Separation

    SLA Advocates Chandigarh for Judicial Separation

Individuals in Chandigarh are given certain options which allow them to make a change in their status post marriage, but this does not necessarily have to wind up in divorce. There are a few differences between legal separation and divorce. Under the option of legal separation, the two parties are no longer considered to be together yet they remain married in legal terms. This provision is what differentiates legal separation from divorce. For partners to enter into such a separation agreement, it is imperative that both parties consent to a contract that lays down their obligations when it comes to spousal support, child custody and rights to visitation, and individual rights to property. These terms bind both the parties to the law and in the event that they fail to commit to their obligations, due legal action will be taken against them. However, this kind of separation may pose to be a problem in the future if a spouse(s) wishes to seek a divorce in the traditional form.

Advocates in Chandigarh for judicial separation and divorce have the legal know-how to draft such separation contracts. It is done in a manner that can keep all involved parties content. Minor agreements such as living arrangements of wither spouse, specific distribution of money and property, child visitation timings, etc. are included in this draft. Post drafting, the separation agreement has to be filed with a specific clerk in Chandigarh, preferably where the couple lives. The case goes up for review a year after legal separation. This gives the couple enough time to either reconcile or file for a no-fault divorce. Entering into such a form of separation mandates that both parties must be willing to acknowledge this as the course they want their marriage to take. Only then can any legal documents be drafted and this agreement has to be officially notarized. Hereafter, it is the couple’s joint decision to be regarded as legally married or not. Legal separation can be carried forward on amicable terms and may be the result of what spouses decide on their own but it does not count as the only cause that could potentially end a marriage.

Qualifications for Separation? In the event of neglect, adultery, abandonment or cruel treatment from their partners, individuals can seek legally sanctioned separation. Wives, however, can also seek separation in case their spouse fails in supporting them. A spouse is entitled to file a criminal complaint in a formal manner in case there is a clear case of domestic violence, heated disputes or false imprisonment that lasts more than three days. For the other spouse, such a complaint may result in a summons from court. When such a situation arises, a Judgement of Separation may be brought in front of the court and this could help in determining which party can be held accountable for their faults. This can also decide if the marriage meets the ground for divorce. In some cases, separation may not be granted by a judgement. A petition may then be filed to hasten the proceedings and this could significantly cut on the one-year waiting period between separation and divorce.

Residency While Separated: When filing for legal separation, it is mandatory for both the spouses to have been married and resided within the state in that year so that they may be eligible for filing for divorce in the three years that follow. In case only one spouse is a resident of the state, the waiting time between separation and divorce changes to two years. If a couple wishes to divorce within the state, there is no such time constraint on them. Legal separation stands as a viable option from the time a marriage is finalized in the state.

How to Get Started: To begin the process of legal separation, one has to file a formal complaint and immediately get in touch with a legal team that can help you find your way through the legal formalities and deliver a summons to the opposing party. Once these formalities are completed, separation can be moved forward in court.