Judicial Separation

Judicial Separation, as between husband and wife, now takes the place of the divorce a mensa et thoro (from bed and board). It is decreed on the petition of either husband or wife, and has all the effect of the old divorce referred to. It is decreed on the ground of adultery or cruelty, or on the ground of desertion without cause for two years or upwards, and during its continuance the wife acquires as to property, and for many other purposes, the condition of a feme sole. If granted on the wife's petition, an order may be made for alimony to the wife, and also for the custody, maintenance, and education of the children; and. on a decree of divorce or judicial separation for adultery of a wife entitled to any property, an order may be made with regard to a settlement thereout for the innocent party and for the children of the marriage. No judicial separation can bedecreed if thepetitioner (whether husbandor wife) has been accessory to, or connived at, or has condoned the adultery; or if the petition is presented or prosecuted by collusion; and the court is not bound to decree the separation if the petitioner has been guilty of adultery during the marriage, or of cruelty, or of desertion, or wilful separation, or of such wilful neglect or misconduct as has conduced to the adultery, or if there has been undue and unexplained delay in presenting the petition. [Adultery, Divorce.]