What is the difference between divorce and judicial separation and which would be a better option for me?
- Judicial separation is often sought as an alternative to divorce where one spouse has a religious or strong moral objection to divorce. The process and costs are similar to a divorce and the Court has power to make the necessary orders as to the division of assets, living arrangements for the children of the marriage as well as spousal and child support.
- If you are uncertain as to whether your marriage has completely broken down, a judicial separation may be a better option. Where a court grants a decree of judicial separation, the Petitioner would no longer be obliged to live with the Respondent, even if they are not officially divorced. You would not be prohibited from petitioning for divorce proper, after a decree of judicial separation. If you wish to remarry however, you will need to get a divorce.