Complexities Involved in Marital Separation: Need for a Divorce Lawyer

Marital Separation in India

Indian Courts like the society is not that divorce friendly. Marital Separation in India involves a long procedure and various taxing issues to be dealt with.  As divorce is a family law issue, it has different laws for different religions. There are various grounds which are mentioned in each law (Hindu Law, Parsi Law, Muslim Law) on the basis of which a person can file a divorce. Since, these issues involve a plethora of legal jargons it becomes important to consult a lawyer.   For Instance, a wife who is facing continuous dowry demands from her in laws wants a divorce from her husband in Bengaluru, then with the help of a divorce lawyer in Bengaluru she can file for a divorce on the ground of cruelty.

 

Photo by Fred Mouniguet

Marital Separation becomes very difficult for a person to be a part of a bad marriage and hence it is important to break free from the clutches of it. As a marital separation involves a lot of complexities it becomes imperative to hire a divorce lawyer. Complexities involved in a marital separation include-

  • Applicable Law

Marital separation is a family law issue and hence different laws are applicable to different religions. For example, Hindu Marriage Act is applicable on Hindus, Sikhs, etc; Parsi law is applicable on Parsis, Muslim Divorce law is applicable on Muslims. Special Marriage Act is applicable in case of Inter caste marriage. As these laws, can be difficult for a layman to understand, it becomes important to hire a divorce lawyer.

  • Types of Marital Separation
  • Judicial Separation

Judicial Separations is a type of separation in which the law allows both the parties to live separately and think about whether they will be able to continue with their marriage or not. A petition for judicial separation can be filed any time after the marriage. The main purpose behind this provision that there can be various issue that can lead to commotion between the couple. This provision acts as the last resort before divorce which is a complete breakdown of marriage. Grounds for judicial separation include Adultery, cruelty, desertion, change of religion, insanity, Renunciation of world, etc. certain obligations of marriage still continue after judicial separation as during the time of separation marriage still persists.

 

Photo by Kelly Sikkema

 

  • Divorce

A divorce puts a complete end on a marriage. It can be filed only after one year of marriage and not before that.  It brings a complete end on the marriage. A divorce can be of two types – a contested divorce and a mutual consent divorce.

A contested divorce is a type of a divorce in which both the parties fight against each other for a divorce. It can be sought on the following grounds – Adultery, cruelty, desertion, change of religion, insanity, Renunciation of world, etc.  A mutual consent divorce on the other hand is a type of divorce in which both the husband and wife voluntarily and mutually wish to take a divorce. It is important that both the husband and wife must be living separately for a mutual consented divorce.

A divorce lawyer on the basis of your facts and circumstances, can help you in deciding whether to go for a mutual consent divorce or contested divorce or a judicial separation.

  • Procedure, Documentation and Evidences

Court proceedings can be quite taxing and lengthy. It involves a lot of filing and evidences to prove your stand. For example, evidences in the cases of divorce involves photographs, text messages, WhatsApp messages, Emails, marriage certificate, etc. A divorce lawyer can help you decide which evidences can support your arguments and claims.  During the divorce proceedings, the court might also refer the case for mediation. A divorce lawyer can help you out at every stage of a divorce.

  • Other issues involved with a divorce-

Divorce can have various other issues attached to it like that of maintenance/ alimony, division of property, child custody, etc.  Maintenance is the sum paid by one spouse to the other spouse to financially maintain it after divorce. A divorce lawyer can help with this issue. There is a pre conceived notion that the mother gets the child custody which is not true. The court decides the custody on the basis of the welfare of the child and facts and circumstances of each case. A divorce lawyer can help in resolving and arguing these issues.

  • Mediation

A mediation is an out of the court amicable settlement. Many a times, the court while dealing with a divorce petition might refer the party to mediation. A divorce lawyer can help the party during the mediation proceeding and help it effectively put forward their claims.

 

Photo by Zoriana Stakhniv

 

Divorce can be emotionally challenging. A divorce lawyer with the help of his past experience can also help in counselling his client. It is extremely difficult to live in a toxic marriage and hence it becomes important to file a divorce with the help of a good lawyer.

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