Judicial Separation Under Section 10 HMA in 2026: Grounds, Effect, Section 13A Alternate Relief, Rescission and Divorce After One Year

41. Judicial separation is an independent remedy

Judicial separation should not be treated as a procedural waiting room for divorce. Section 10 creates a decree with its own legal consequences. The parties remain married, but the obligation to cohabit is suspended. That distinction can matter for succession, maintenance, children, pension, insurance, property planning and personal choice.

Some spouses genuinely want legal separation without dissolution. Others may later reconcile. Still others may use the decree as the foundation for a Section 13(1A) divorce after one year of non-resumption. The correct strategy depends on the client’s objective at the time of filing.

42. Section 10 after the 1976 amendments

The modern Section 10 framework aligns judicial separation grounds with divorce grounds. The statute cross-refers to Section 13(1) and, for a wife, Section 13(2). This makes the substantive proof similar to divorce, while the relief remains different.

43. Cruelty and the choice between separation and divorce

A petitioner who proves cruelty can seek judicial separation rather than immediate dissolution. This may be appropriate where the conduct justifies legal separation but the petitioner still wants to preserve the possibility of reconciliation.

The petition should explain why judicial separation is the relief actually sought. The court should not assume that every cruelty case is really a disguised divorce petition.

44. Desertion and judicial separation

Where the statutory desertion period is satisfied, judicial separation may be sought instead of divorce. The petitioner still has to prove the elements of desertion: separation, intention, absence of consent or reasonable cause where relevant, and continuity for the statutory period.

A later divorce under Section 13(1A) will depend on what happens after the judicial separation decree, not merely on the earlier desertion.

45. Adultery and judicial separation

Adultery can support judicial separation. Because allegations of adultery are serious and often based on circumstantial evidence, pleadings should identify the circumstances with precision and avoid unnecessary scandalous detail. Digital evidence should be preserved in original form and proved according to current evidence law.

46. Other Section 13 grounds

Section 10 also incorporates the other surviving Section 13(1) divorce grounds. The legal team should always work from the current statutory text because Parliament has amended the list over time. Obsolete grounds removed from Section 13 should not be copied from old templates.

47. Wife-specific grounds under Section 13(2)

A wife can seek judicial separation on the grounds available to her under Section 13(2). The petition must satisfy the factual and statutory conditions of the specific ground relied upon. Section 10 does not convert those provisions into general discretionary grounds.

48. Section 13A alternate relief: why it exists

Section 13A gives the court a middle course in many divorce cases. A petitioner may establish enough to justify legal separation, but the court may conclude that immediate dissolution is not just in the circumstances. Judicial separation preserves the marriage while removing the obligation to cohabit.

The provision reflects the idea that matrimonial relief can be graduated rather than all-or-nothing.

49. Section 13A is discretionary

The words “if it considers it just so to do” show that alternate relief is not automatic. A party cannot demand judicial separation under Section 13A as a fallback in every failed divorce petition. The court must first have a legal basis for matrimonial relief and must consider the circumstances.

50. Section 13A statutory exceptions

Section 13A excludes petitions founded on the grounds mentioned in clauses (ii), (vi) and (vii) of Section 13(1). Counsel should read the current numbering and statutory text rather than rely on old commentaries because the Act has been amended over time.

51. Pleading alternate relief expressly

Although Section 13A gives the court statutory power, a petitioner can prudently include an alternate prayer for judicial separation where appropriate. This tells the court that the petitioner has considered the possibility of lesser relief and avoids an argument that the relief was never contemplated.

52. Respondent’s position on alternate relief

A respondent opposing divorce may still oppose judicial separation if the statutory ground itself is denied. Alternatively, the respondent may argue that if any relief is granted, judicial separation is more proportionate than divorce. The strategy depends on the client’s objectives.

53. Judicial separation and reconciliation evidence

Because the marriage survives, post-decree conduct can be especially important. Messages showing genuine reconciliation, resumed cohabitation, counselling and restoration of family life may support rescission. Conversely, continued hostility and non-contact may later support a Section 13(1A) divorce.

54. Rescission under Section 10(2)

Rescission is not the same as appeal. An appeal challenges the correctness of the decree when made. Rescission asks the court to remove the continuing effect of a valid judicial separation decree because circumstances have changed and it is just and reasonable to restore normal marital obligations.

55. When rescission is usually sought

Common situations include:

• the parties have reconciled and resumed living together;
• the conduct that led to separation has been resolved;
• counselling has succeeded;
• the parties want to restore full matrimonial status without remarrying;
• the decree was intended to provide breathing space and that purpose has been achieved.

56. Rescission should be documented

If both spouses have resumed married life, leaving the decree technically in place can create future confusion. A formal rescission order provides a clear legal record that the judicial separation no longer operates.

57. What if only one spouse seeks rescission?

Section 10(2) permits either party to apply. The court must then assess whether rescission is just and reasonable. A unilateral desire to resume cohabitation does not automatically compel rescission if the other spouse shows that circumstances remain unresolved.

58. Evidence in a contested rescission application

The applicant may rely on resumed cohabitation, communications, counselling, changed conduct and other facts showing restoration. The respondent may show renewed cruelty, absence of genuine reconciliation or continued reasons for living apart.

59. Judicial separation and residence

The decree permits spouses to live apart, but it does not automatically decide ownership or possession of every residence. Rights under property law, the Domestic Violence Act, tenancy law or settlement may still govern who can occupy the home.

60. Judicial separation and maintenance pendente lite

During the Section 10 proceeding, either spouse may seek maintenance pendente lite under Section 24 if the statutory conditions are satisfied. The court can also award litigation expenses. The financial application should not be treated as secondary because the ability to conduct the main case often depends on interim support.

61. Permanent alimony after judicial separation

Section 25 is linked to “any decree” under the Act and can therefore arise in the context of judicial separation. The amount and structure remain discretionary. A later divorce may require review of the existing order and the financial circumstances then prevailing.

62. Modification of maintenance after reconciliation

If the judicial separation decree is rescinded and spouses resume married life, an existing maintenance arrangement may need to be varied or terminated through the appropriate legal process. Do not simply stop complying with a court order because reconciliation occurred informally.

63. Child custody and judicial separation

Section 26 HMA allows the court to make interim and final provisions for custody, maintenance and education of minor children. Judicial separation can therefore create a structured parenting arrangement even though the marriage continues.

The child’s welfare remains paramount and should not be used as leverage over whether the spouses reconcile.

64. Child support is separate from spousal separation

Parents remain responsible for children regardless of whether they are judicially separated, divorced or living together. A decree should clearly distinguish spousal maintenance from child maintenance and education expenses.

65. Judicial separation and school decisions

If parents live separately, disputes can arise over school, travel, medical treatment and holidays. A Section 26 application can seek practical directions while the Section 10 case remains pending.

66. Judicial separation and stridhan

The wife’s stridhan remains her property. Judicial separation does not transfer ownership to the husband. Recovery can be pursued through appropriate legal remedies depending on possession and facts.

67. Judicial separation and jointly owned property

Joint ownership continues according to title. The decree does not automatically partition the property. Section 27 may address a limited category of jointly belonging property presented at or about marriage, while broader property disputes may require separate Family Court or civil relief.

68. Judicial separation and succession

Because the marriage continues, judicial separation does not automatically produce the same succession consequences as divorce. Parties with significant assets should obtain specific succession and estate-planning advice rather than assume that separation removes spousal rights.

69. Judicial separation and nominations

Insurance, pension and bank nominations operate under their own legal frameworks. A spouse may choose to update nominations, but the effect of a judicial separation decree on beneficial entitlement depends on the governing scheme and succession law.

70. Judicial separation and pension

Service and pension rules may continue to treat the parties as spouses because the marriage has not been dissolved. Government servants, armed forces personnel and employees with defined benefits should review the applicable rules before assuming that a judicial separation decree changes nominee or family-pension status.

71. Judicial separation and financial records

Financial institutions and government forms may distinguish between married, separated and divorced persons. A judicial separation decree does not dissolve the marriage, so parties should answer status questions accurately and should not describe themselves as divorced merely because they are living apart under a decree.

72. Judicial separation and remarriage

Neither spouse can lawfully remarry while the marriage subsists. A second marriage during judicial separation can create serious legal consequences. Section 15 HMA becomes relevant only after a valid divorce decree and the applicable appellate finality requirements.

73. New relationship during judicial separation

Because the marriage continues, conduct during judicial separation can become relevant in later matrimonial litigation. Parties should not assume that the decree creates the same legal freedom as divorce. If a later divorce petition is filed, post-decree conduct may form part of the factual matrix.

74. Section 13(1A) timeline

If cohabitation does not resume for one year or more after the judicial separation decree, either spouse may seek divorce under Section 13(1A)(i). The one-year period should be calculated from the decree, not from the original date of physical separation.

75. Resumed cohabitation changes the later analysis

If spouses genuinely restore matrimonial life, the factual basis for Section 13(1A)(i) changes. A later separation may require fresh legal analysis. Parties should preserve the chronology and, where appropriate, obtain rescission of the judicial separation decree.

76. Section 23 own-wrong bar in later divorce

A spouse may satisfy the one-year period but still face a Section 23 objection. If the petitioner deliberately made resumption impossible through serious misconduct, the court can examine whether granting divorce would allow that party to take advantage of his or her own wrong.

77. Judicial separation in NRI marriages

NRI spouses may seek judicial separation in India if the HMA applies and Section 19 jurisdiction exists. Foreign residence creates additional questions of service, parallel proceedings and recognition of Indian orders.

78. Foreign legal-separation orders

Some countries recognise legal separation through their own statutes. Whether a foreign separation order has effect in India depends on private international law, Section 13 CPC principles and the nature of the foreign jurisdiction. It should not automatically be treated as an Indian Section 10 decree.

79. Immigration consequences

Immigration authorities may ask whether a person is separated, legally separated or divorced. An Indian judicial separation decree can be relevant evidence, but foreign authorities apply their own definitions. Certified copies and translations may be required.

80. Government and defence service records

A judicial separation decree can affect declarations concerning dependants, accommodation or family details, but the administrative consequence depends on the governing service rules. The decree itself does not automatically determine pension, nomination or accommodation rights.

81. Safety-sensitive cases

Where a spouse needs a formal legal right to live separately but is not ready to dissolve the marriage, judicial separation can provide clarity. If immediate protection, residence or monetary relief is required because of domestic abuse, those remedies should be pursued under the correct statute as well.

82. When Section 10 may add unnecessary litigation

If the client is certain that dissolution is the objective and a divorce ground is mature and provable, judicial separation can create an extra stage followed by a later Section 13(1A) case. That may increase time and cost without advancing the client’s real objective.

83. Pre-litigation counselling

Counselling can clarify whether the client seeks reconciliation, structured separation or divorce. A judicial separation petition should not be filed simply because it appears less confrontational. It remains contested matrimonial litigation requiring a statutory ground and evidence.

84. Drafting a cruelty-based Section 10 petition

Use a chronology. Identify each material act, date or period, available evidence and matrimonial impact. Avoid inserting every disagreement in the marriage. The court needs facts that satisfy the legal cruelty threshold.

85. Drafting a desertion-based Section 10 petition

Plead the date cohabitation ended, intention, absence of consent or reasonable cause, the statutory period and reconciliation efforts. If constructive desertion is alleged, explain why the physically departing spouse was driven away by the other’s conduct.

86. Drafting an alternate Section 13A prayer

A divorce petition can include an alternate prayer stating that, if the court is not inclined to dissolve the marriage, judicial separation may be granted under Section 13A where legally available. This should not be used where the statutory exception excludes alternate relief.

87. Written statement strategy

The respondent should decide whether the factual ground is denied, whether condonation is pleaded, whether a counterclaim is required and whether reconciliation is genuinely desired. A response stating only that the respondent does not want separation is not enough if the statutory allegations are otherwise proved.

88. Counterclaim strategy

If the respondent also seeks judicial separation or divorce based on the petitioner’s adultery, cruelty or desertion, Section 23A may permit a counterclaim. This can prevent parallel litigation and allow both cases to be tried together.

89. Interim applications

Common interim issues include maintenance, litigation expenses, child access, school fees, document production and residence. A focused interim strategy can stabilise the parties while the substantive Section 10 case proceeds.

90. Evidence affidavit

The evidence affidavit should follow the pleading and prove material facts, not introduce a new case. If significant events occur after filing, amendment may be required before they are relied upon as substantive grounds.

91. Cross-examination themes

In cruelty cases, test context, exaggeration, condonation and post-incident reconciliation. In desertion cases, test intention, reasonable cause and efforts to resume cohabitation. In adultery cases, test authenticity and the inference sought from circumstantial evidence.

92. Final arguments

Final submissions should separate the statutory ground from the choice of relief. Even if the ground is proved, explain why judicial separation is appropriate instead of divorce, or why Section 13A should or should not be exercised.

93. Appeal and limitation

A judicial separation decree can be appealed under the applicable framework. Where a Family Court passes the decree, Section 19 of the Family Courts Act should be examined. In Delhi, counsel should check binding Delhi High Court authority on limitation immediately after judgment.

94. Interim stay of the decree

An appellant may seek stay or other interim protection depending on the decree’s practical consequences. Filing an appeal does not always suspend every effect automatically.

95. Judicial separation versus informal separation

Spouses can live apart without a court decree. Informal separation, however, does not create the specific legal consequences of Section 10. It does not suspend cohabitation obligations through a judicial decree and does not trigger the Section 13(1A)(i) one-year ground based on judicial separation.

96. Judicial separation versus separation agreement

A separation agreement may regulate finances, residence and parenting by contract, but it is not the same as a Section 10 decree. Enforceability of private terms depends on contract law, matrimonial law, public policy and the jurisdiction of the court.

97. Judicial separation versus mutual consent divorce

Mutual consent divorce ends the marriage if Section 13B requirements are met and the decree is passed. Judicial separation preserves the marriage. Parties should not choose judicial separation merely because they have not completed mutual consent formalities if their real agreement is to dissolve the marriage.

98. Judicial separation versus annulment

Annulment under Section 12 concerns a voidable marriage and results in a decree annulling the marriage. Judicial separation assumes a continuing marriage but allows the spouses to live apart. The legal foundations and consequences are different.

99. Common mistakes

• Confusing judicial separation with divorce.
• Assuming remarriage is permitted after separation decree.
• Using outdated statutory grounds.
• Ignoring Section 13A exceptions.
• Failing to seek rescission after genuine reconciliation.
• Counting Section 13(1A) time from physical separation instead of decree.
• Ignoring maintenance and custody during the proceeding.
• Assuming property is automatically divided.
• Failing to plan appellate limitation.

100. Search-focused quick answers

Can judicial separation be converted into divorce?

After one year or more without resumption of cohabitation, either spouse may seek divorce under Section 13(1A)(i). A fresh divorce decree is still required.

Can a judicial separation decree be cancelled?

Yes. Section 10(2) permits rescission if the court considers it just and reasonable.

Can parties live together after judicial separation?

Yes. The decree removes the obligation to cohabit but does not prohibit voluntary reconciliation.

Can a person marry someone else after judicial separation?

No. The first marriage continues until legally dissolved.

Can maintenance be granted during judicial separation?

Yes. Sections 24 and 25 may be relevant depending on the stage and facts, alongside other maintenance laws.

Can the court grant judicial separation instead of divorce?

Section 13A permits alternate relief in many divorce proceedings, subject to the statutory exceptions.

101. Final litigation checklist

1. Confirm HMA applies.
2. Identify the Section 13 ground.
3. Choose judicial separation intentionally rather than by default.
4. Confirm Section 19 jurisdiction.
5. Prepare incident chronology and evidence.
6. Assess maintenance and custody relief.
7. Consider Section 13A alternate relief.
8. Consider Section 23A counterclaim risk.
9. Plan reconciliation and mediation position.
10. After decree, calendar the Section 13(1A) one-year date.
11. If reconciliation succeeds, consider rescission.
12. If divorce is later sought, analyse Section 23 own-wrong issues.

102. Final professional takeaway

Judicial separation is most useful when the legal objective is precisely understood. It creates a court-recognised separation while preserving the marriage, gives space for reconciliation, supports ancillary maintenance and child orders, can be rescinded if the marriage revives, and can later support a Section 13(1A) divorce if cohabitation does not resume. The remedy should be selected because those consequences suit the client, not because it sounds less final than divorce.

103. Practical scenario: cruelty proved but court sees possibility of restoration

A spouse seeks divorce on cruelty, but the proved conduct is serious enough to justify legal separation while the surrounding circumstances show a genuine possibility of reconciliation. Where Section 13A applies, the court can consider judicial separation instead of dissolving the marriage. The judgment should explain why the lesser relief is just in the circumstances rather than simply substituting relief without reasoning.

104. Practical scenario: petitioner directly wants judicial separation

If the client is not seeking dissolution, a direct Section 10 petition is cleaner than filing for divorce merely to invite Section 13A alternate relief. The pleading should explain the statutory ground, request judicial separation and separately seek maintenance, custody or other ancillary relief if required.

105. Practical scenario: spouses reconcile after decree

Suppose a judicial separation decree is passed and the parties later attend counselling, resume residence and restore ordinary marital life. They should consider a rescission petition under Section 10(2) so that the court record reflects the reconciliation. Leaving the decree unaddressed can create later confusion if one spouse subsequently relies on the decree for Section 13(1A).

106. Practical scenario: one spouse wants rescission and the other does not

If only one spouse claims that reconciliation occurred, the court may need evidence. Temporary meetings, family functions or communication may not establish full restoration. The applicant should prove why rescission is just and reasonable; the other spouse can explain why the underlying reasons for separation continue.

107. Practical scenario: parties remain apart for more than one year

After one year or more without resumption of cohabitation, either spouse can consider Section 13(1A)(i). That later petition is not automatic. The petitioner must prove the decree and non-resumption and must survive Section 23 scrutiny.

108. Judicial separation and residence orders

A Section 10 decree does not by itself evict either spouse from property or determine every residence right. If one spouse seeks exclusive possession, return to a shared household or protection from dispossession, the correct remedy may lie under property law, the Domestic Violence Act or specific interim orders.

109. Judicial separation and household expenses

Once spouses live separately, recurring expenses should be identified clearly. Rent, mortgage, utilities, school fees, medical insurance and household support can become disputed. Interim maintenance applications should provide a realistic monthly budget and disclose existing payments.

110. Judicial separation and tax returns

The decree itself does not determine tax filing status under every tax provision. Parties should obtain current tax advice where separation affects deductions, dependants or disclosure. Legal marital status under HMA and tax treatment are not always identical concepts.

111. Judicial separation and company benefits

Corporate medical insurance, relocation benefits, spouse travel and dependent coverage may continue or change according to employer policy. A decree should be disclosed where required, but employment benefits are governed by the scheme rather than automatically by Section 10.

112. Judicial separation and life insurance

A policyholder can usually review nominations subject to the governing policy and statute. But nomination and beneficial succession can be different legal concepts. High-value estates should be reviewed comprehensively rather than changing one form and assuming all spousal consequences are resolved.

113. Judicial separation and wills

Because the marriage remains subsisting, estate planning becomes important. A spouse may choose to execute or revise a will, subject to the nature of the property and applicable succession law. Judicial separation alone should not be assumed to remove the other spouse from every possible succession claim.

114. Judicial separation and nomination in service records

Government and defence personnel should review service rules before altering spouse and dependant entries. Administrative definitions of family, separated spouse and nominee may have consequences for pension, medical benefits and accommodation.

115. Judicial separation and foreign travel with children

If one parent wishes to travel abroad with children during separation, the custody order should address passport, itinerary, consent and return arrangements. The judicial separation decree itself does not confer unilateral power to remove a child from the other parent’s access.

116. Judicial separation and relocation

A parent may relocate for employment or family support, but child-welfare consequences require separate analysis. If relocation substantially affects access, the existing custody arrangement may need modification.

117. Judicial separation and counselling records

Counselling may be useful for reconciliation, but confidentiality should be respected. Parties should not assume that every statement made in counselling can be used in cross-examination. Pre-existing documents and admissions made outside protected settlement processes should be distinguished from confidential communications.

118. Judicial separation and medical evidence

Where the statutory ground depends on medical facts, use qualified evidence and avoid unsupported diagnoses. Medical records should be limited to what is relevant and handled with the privacy required by Section 22 HMA.

119. Judicial separation and digital evidence

WhatsApp chats, email, photographs and call records can prove cruelty, separation, reconciliation or continued cohabitation. Preserve source devices and complete context. A screenshot may be useful, but formal proof should be planned under the Bharatiya Sakshya Adhiniyam, 2023.

120. Judicial separation and subsequent events

If significant conduct occurs after filing, the party should consider amendment rather than trying to prove a new case without pleadings. Subsequent events can matter greatly in matrimonial disputes, especially where reconciliation or fresh cruelty changes the context.

121. Case-management note for advocates

Maintain separate sections in the file for the substantive Section 10 ground, interim maintenance, custody, property, reconciliation history and post-decree developments. This prevents the later Section 13(1A) case from requiring reconstruction of years of scattered material.

122. Search-focused questions clients often ask

Is judicial separation compulsory before divorce?

No. A spouse can directly seek divorce when a statutory divorce ground exists. Judicial separation is an independent remedy, not a mandatory first step.

How long can judicial separation last?

The decree continues unless rescinded or the marriage is later dissolved. There is no automatic expiry after one year.

Does one year of judicial separation automatically become divorce?

No. One year of non-resumption can create a Section 13(1A) ground, but a divorce petition and decree are still required.

Can spouses reconcile without going back to court?

They can factually reconcile, but obtaining rescission under Section 10(2) creates a clear legal record that the judicial separation decree no longer operates.

Can judicial separation be mutual?

The Act does not contain a separate “mutual consent judicial separation” provision equivalent to Section 13B. Parties can settle a Section 10 case, but the court must pass relief within the statutory framework.

123. Final decision matrix

124. Final legal conclusion

Judicial separation is a flexible but serious decree. It preserves the legal marriage while giving spouses a court-recognised right to live apart, creates room for reconciliation, allows the court to structure maintenance and child arrangements, and can later become the foundation for divorce if the marriage remains unrestored. The remedy works best when chosen deliberately and followed by disciplined post-decree record keeping.

125. Client intake questions before choosing judicial separation

Ask the client what outcome is actually desired. Does the client want the marriage preserved, want time apart, hope for reconciliation, or ultimately want divorce? Ask whether there are children, a shared residence, maintenance dependence, service or pension implications, foreign immigration issues and property disputes. The answer to these questions often determines whether Section 10 is genuinely useful or simply adds another layer of litigation.

126. One-year post-decree review

If a judicial separation decree remains in force, the legal team should conduct a review before the first anniversary. Record whether cohabitation resumed, whether rescission should be sought, whether maintenance orders are being complied with, and whether either spouse intends to move toward divorce under Section 13(1A). This prevents the later case from depending on incomplete memories.

127. Rescission file checklist

• Certified judicial separation decree.
• Proof of resumed cohabitation or reconciliation.
• Joint or individual application explaining changed circumstances.
• Status of maintenance and custody orders.
• Any pending appeal.
• Proposed directions needed after rescission.

128. Divorce-after-separation file checklist

• Certified decree and judgment.
• One-year calculation.
• Post-decree residence chronology.
• Evidence of no resumed cohabitation.
• Maintenance compliance.
• Section 23 own-wrong analysis.
• Current jurisdiction under Section 19.

129. Final practice note

Judicial separation should be treated as a living decree. Its significance changes with what the parties do afterwards. Reconciliation may justify rescission; continued separation may mature into a Section 13(1A) divorce ground; financial and child arrangements may need modification. Good case management therefore continues after the decree rather than ending when the order is signed.

130. Registry-ready Section 10 petition

The petition should state the exact Section 13 ground incorporated through Section 10, provide jurisdiction facts under Section 19, identify children and connected proceedings, and make a precise prayer for judicial separation. If alternate relief under Section 13A is sought in a divorce petition, plead that prayer separately and confirm that the statutory exceptions do not apply.

131. Post-decree compliance calendar

After judicial separation, calendar maintenance payments, child-access dates, the one-year Section 13(1A) date and any reconciliation events. If parties resume living together, note the date and consider rescission. If they remain apart, preserve the evidence required for any later divorce petition.

132. Clear advice to clients

The client should understand three points before accepting a judicial separation decree: the marriage continues, remarriage is not permitted, and the decree can later support divorce only through a fresh statutory process. Those consequences should be explained in writing so that judicial separation is a deliberate legal choice rather than a misunderstood compromise.

133. Judicial separation should be reviewed when circumstances materially change

A decree that made sense at the time of trial may later become unnecessary because the parties reconcile, or may become the foundation for a divorce because the separation continues. Counsel should advise clients not to leave the decree unattended for years. A short annual review of cohabitation, maintenance, children and appeal status can prevent avoidable disputes and preserve the correct legal remedy.

134. Final distinction

Living separately is a fact. Judicial separation is a decree. Divorce is dissolution of marriage. Keeping those three concepts separate is essential to accurate advice, drafting and later remarriage planning.