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Judicial separation

If you opposed to divorce whether on religious or other grounds but you wish to live apart from your spouse, you may petition to the Court for a decree of judicial separation.

In order to obtain such a decree, you must prove the same grounds as in a divorce petition as stated in Section Divorce by Mutual Consent (paragraph 1) (d).

Once the Court grants such a decree, you are no longer obliged to live with your spouse. However, such a decree is not a divorce.

The wife's property will then devolve in the case she dies intestate (i.e., without making a will), as if her husband was dead.

You may still petition for a divorce after a decree for judicial separation is granted.

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Knowledge Base ID :   1052
Last Reviewed :   May 31, 2001
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