Divorce Law 101: The Basics

By January 17, 2017 No Comments

Marriage is a divine bond between two people who are in love.

It is considered one of the most important relationships that form the foundation of the future of the family. However, in some cases due to a number of different reasons couples decide to choose different ways. In that case, they opt for divorce to get rid of any legal obligations attached to marriage and move forward in life. 

The laws related to divorce change from state to state in the US and it is different in many nations across the world. However, some of the aspects of the Divorce laws remain same in many states and countries. The following are the some very basic parts of the law which as a whole are found in many states and nations with minor changes.

The acceptable grounds for divorce

In the case of mutual divorce, if the partners are not staying together for a specific time period which is 90 days to maximum 1 year in the US, they can file for a divorce. Similarly, in the case of non-mutual divorce, any one of the partners can file for divorce and the court decides if they are eligible of divorce. Some of the main reasons mentioned in the divorce application are listed below:

· Living apart: If the couple is living separate from the last one year, they mention the reason in the divorce application. Living apart does not necessarily have to be in different accommodations. If the couple is living in different rooms, not having any sexual relationship, talk less or not at all, keep their clothes separate, cook their food in separate parts of the house and keep the groceries separate as well it will be considered as “not living together”. Still, in the end, it is up to the judge which arguments he or she is going to consider. In this case, you do not have to go into the details of your personal life.

· Adultery: If any one of the partners cheats on the other with another person, then the second partner can file for the divorce on the grounds of adultery. 

· Physical or mental harassment: It is one of the most common reasons that come up in the divorce applications. It can be filed from any one of the spouses and the court will consider it as a case of urgency.

In the second and third cases mentioned above, the court may ask about the details of your personal life. In the case of adultery, you may also have to file proofs in which your partner can be proven guilty. Similarly, in the third type of case, the court may ask for details about the mental or physical harassment and related police complaints that you have filed in past.

The division of the property

In most of the cases, the court decides the percentage of the property that the wife is going to have after divorce. In some cases, the partners divide the property in an out-of-court settlement to avoid delays and harassment. The percentage of property may stand anywhere between 30 percent and 50 percent.

Responsibilities as parents

In most of the conditions, the court checks the financial as well as health status of both the parents individually to decide who should have the custody of the kids. In the case of kids between the age of 4 to 15, their statement also plays a vital role in this particular decision. The amount of child support majorly depends on the income of the father. In case the father does not have the custody of the kids he may get permission from the court to meet his kids every once in a while with or without mother’s supervision.

There is no court of law in this world that encourages divorce. However in the case of unforeseen circumstances the court allows the couple to lawfully break off the marriage so that they can move ahead in life. There is no doubt in the fact that marriage is an important part of life but that does not mean that you have to kill yourself daily just to save an already failed marriage. 

Divorce can give you a chance to breathe in fresh and free air once again and move ahead as a much successful person. In case you need some counseling to overcome the side effects of divorce, do not hesitate in consulting a therapist as well. In the end, it is all about getting your life back on track.




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