Understanding Legal Separation
The study of law enables us to understand the different avenues that can be explored to solve a problem or to get a legal result. Countries have different legal systems which are used in administering the law. In several aspects, the legal framework of one country can be used as an inspiration to solve an issue which has arisen in another country. A clear understanding of this concept will be of great value if you are a student of law, a lawyer or even a person who is interested in reading about law as a subject in an academic sense.
Legal separation is an important concept in law as it deals with the family and divorce law. It can be defined as the process of legally separating from your spouse, where the separation is initiated by the court and a decree is issued to prohibit couples from entering into one room and together again.
Unfamiliarity with the practical applications of legal concepts can give rise to substantial losses. Take for instance the concept of legal separation under the law in the state of Georgia. This is an interesting example because Georgia is one of the few states which allow for legally separate spouses to file for divorce if they have been living separately for at least three months but aren’t legally separated as such i.e. without filing a legal separation. This is where the law in India is similar to the law in Georgia. The law in India does not give much importance to temporary separation and to substantiate the point, an article states “Separation also does not even find expression in the Christian Marriage Act, xxx (or in the Divorce Act). Separation is simply one of the ways for the parties to live apart. Sometimes, this is more preferable than divorce. A wife deserted by her husband, or a husband or wife fed up with his/her spouse can lead a separate and independent life without going through the grind of a Court”. Therefore, a person can apply for divorce under the Hindu Marriage Act, if he has been separated from his spouse for a period of one year. This is similar to the law in Georgia. However, all there exist certain differences too. A spouse in Georgia cannot compel the other spouse to marry a third spouse.
It is not possible to comment on the experience that a student of law at Adhiyaman Arts & Science College for Women will gain in the study of the law of legal separation in many jurisdictions. However, the study is bound to be interesting if a student knows how the concept of comprehensive legal separation in Georgia is applied in different countries and how the law keeps evolving from the old practices. Studying how similar concepts are differently interpreted and practiced in different countries will teach students how the law works in the real world. Adding into the equation, the legal systems of several European countries can give students a concerted insight on the evolution of legal concepts over the years. Moreover, students will learn how cultural traditions can significantly influence the law. This is the reason why the concept of legal separation is more pragmatic in Georgia than it is in India.
