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Introduction

Divorce is the formal dissolution of a marriage accomplished by submitting a petition to a court of law. When a court issues a divorce judgement, it dissolves the couple's matrimonial union and ends the marriage as a whole. Along with the divorce of the husband and wife, other issues related to it include the division of assets and property as well as the child custody dispute. Every religion in India has its own laws and processes governing divorce.

Different kinds of divorce

Contested divorce

Divorces that are contested are painful, time-consuming, and expensive (just think about the rising legal costs). The process of exchanging financial and other pertinent information will take some time, and you may need to appear in court hearings to decide how to handle issues like spousal support while the divorce is still pending.

If you are unable to settle the dispute, a court trial will be held. The burdens of a contentious divorce are the main reason why the great majority of divorce cases eventually settle (often with mediation's assistance; see below for further information).

Uncontested Divorce

The majority of states give couples the choice to file for a "uncontested" divorce. You and your husband must agree upfront on all of your disagreements over matters like child custody and visitation (parenting time), child support, alimony, and property division in order to be eligible for an uncontested divorce. The terms of your settlement will subsequently be included in a formal "property settlement agreement" (sometimes known as a "separation agreement"). Uncontested divorces are typically less costly and stressful than disputed divorces because there isn't much to argue over in court.

Summary Divorce

Summary divorce, sometimes known as "summary dissolution," is a sort of expedited uncontested divorce process that many states give to couples who haven't been married for very long, don't own a lot of property, don't have kids, and don't have large joint debts. The divorce must be mutually agreed upon by the couple, and joint court documents must be filed.

If you are eligible under the laws of your state, a simple divorce is a fantastic alternative. Compared to other divorce kinds, it requires a lot less paper work—frequently, just a few forms are needed. Because of this, summary divorces are simple to complete without a lawyer's assistance. Typically, you may obtain the necessary forms from the local family court clerk's office or the official website of your state court.

Pro se divorce

In a pro se divorce, one or both spouses represent themselves in court (also known as a "pro per" divorce). Any type of divorce can be handled pro se because there is no legal need that someone hire an attorney to manage their divorce.

However, just because you are able to divorce without legal representation does not mean you should. For uncontested divorces, going it alone is frequently a good alternative. If you have a lot of problems to settle, are hesitant to testify on your own in court, or lack the time to spend to understanding the court's procedures and completing paperwork, this is not a good alternative for you.

Default Divorce

When one spouse files for divorce and the other (the "defendant" or "respondent") does not react to the divorce petition, a default divorce happens. This circumstance may occur if the filing spouse is unaware of the whereabouts of the other spouse or if the defendant spouse just refuses to comply.

It may seem ideal to get a default divorce because you won't have to appear in court with your husband. However, you'll typically still need to go through all the formalities necessary to try to give your spouse notice and the chance to participate.

Fault and No-Fault Divorce

You must have a "ground"—a valid reason—for dissolving your marriage in order to obtain a divorce in your state. The legal grounds for divorce are outlined in each state's legislation. People who sought to end their marriage in the not-too-distant past had to demonstrate that the other spouse had committed a wrong, such as adultery or cruelty. Of course, accusing your partner of wrongdoing could lead to a highly acrimonious divorce.

But today, every state provides some kind of "no-fault" divorce. In a no-fault divorce, you only claim that you and your spouse have "irreconcilable differences" or have experienced a "irremediable breakdown" of your relationship rather than demonstrating that one of you is to blame for the marriage collapsing.

Mediated Divorce

Options are available to you if you need help attempting to work things out before you file for divorce. The term "alternative dispute resolution" (ADR) is used to describe these procedures. Mediation in divorce cases is one of them. Here, you and your spouse meet down with a skilled impartial third party (the mediator) to try to help you address all of the concerns in your divorce.

It is not the mediator's responsibility to decide for you. Instead, mediators provide advice and aid in communication so that, ideally, you can come to an understanding. A settlement agreement is typically prepared at the conclusion of a successful mediation.

Co-Mediated Divorce

Similar to traditional mediation, co-mediation entails two or more mediators working together to assist the couple in coming to a resolution. Although co-mediation isn't commonly utilised in divorce, it might be a suitable option if you have a unique or complicated problem that has to be solved. For instance, it could be beneficial to have a second mediator who is knowledgeable about childhood development (or another similar field) if you and your spouse are unable to come to an agreement on custody matters involving your kid with special needs.

For many couples, mediation is a great option, but it's not right for everyone. Mediation might not be the ideal choice if there is a history of (or risk of) domestic violence or if there is a general imbalance of power between the couple.

Collaborative Divorce

"Collaborative divorce" is another ADR choice. Couples who choose a collaborative divorce retain their own legal counsel. The attorneys, who have received specialised training in collaborative divorce, consent to work solely on trying to resolve the case. Each spouse consents to attend as many meetings as necessary to try and achieve an agreement, as well as to reveal all facts pertinent to addressing the difficulties in the divorce.

The initial solicitors shall step down from the case, as agreed upon by the spouses and their respective legal representatives, if the divorce cannot be settled through the collaborative procedure. To file a lawsuit in court, the spouses will need to retain separate legal counsel.

Arbitrated Divorce

"Divorce arbitration" is a third ADR method that is available in states that permit it. This alternative is the closest to a trial in that the arbitrator, who is typically an attorney or a retired judge, will decide on the marital issues after hearing the relevant facts and examining the evidence that the parties would typically present at trial.

In contrast to a courtroom, arbitration is frequently performed in a less formal and intimidating atmosphere (normally the arbitrator's office). It has the advantage of giving you the freedom to choose meeting times that work with your schedule, just like the other types of ADR.

Case law:

Amardeep Singh and Harveen Kaur 2017

The court determined that there was an ongoing conflict between Amardeep Singh and Harveen Kaur and that their marital status was unsatisfactory as a result of the numerous civil and criminal processes that had taken place. more determined to divorce in order to solve their problem. The husband is granted parental responsibility for the kids, and the wife will receive support payments. According to the Honorable Supreme Court's ruling, parties weren't prepared to measure along even though the judge could have given them a certain amount to do so, which would have been more unpleasant.

Y Narasimha Rao vs Y Venkata Lakshmi

It was ordered that marriages only be dissolved in accordance with the law or tradition in effect in India. Due to the fact that the parties are married, the legislation below will be the only one that applies to disputes between married parties.

Confusing situations arise, nevertheless, when parties with foreign addresses travel to India purely for wedding rituals. It's unclear whether or whether the divorce pleading is correctable in India once these parties, who are domiciled overseas but were legally wed in India, get into marital difficulties.

The Indian Supreme Court has not made a ruling in this case. The Bombay High Court's directive that residency in India be a requirement for the application of Indian marital statutes is the one that has received the greatest attention in the state Supreme Courts' opinions.

Conclusion: 

Divorce is the most devastating event that can happen to a man or a woman in their lifetime. No one wants to go through this phase of life, but once it arrives, no one can escape it. Understanding our rights and obligations becomes crucial after a divorce case is initiated, for example. The divorced couples will settle any outstanding issues, including child support, child custody, and property division disagreements.


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