Divorce is a formal ending of a marriage. If you get divorce that means the marriage is officially over. In other words divorce is the process of terminating a marriage or marital relation legally. As per section 13B of Hindu Marriage Act 1955 and section 28 of the Special Marriage Act, 1954 the couple should be living separately for at least one year before the petition begin.
There are two basic approaches to divorce fault based and no-fault base. However in some jurisdictions it doesn’t require a party to claim of their partner when dividing property, debts, shared care arrangements and support. Whereas in some jurisdictions one spouse may be forced to pay the attorney’s fees of another spouse. Since divorce is an intensely emotional process and so it creates a lot of controversies therefore it is important to hire a skilled lawyer who has expertise in dealing such issues.
Steps of divorce is a following:-
Initiation of divorce petition- Divorce Petition may be initiated by both either husband or wife. The petition is written by one spouse they would be petitioner and it served on the other spouse. This petition is filed in a state court in the country where one of the spouses resides. This petition includes all important informations related to the marriage such as name of the husband, wife, children child should be mentioned the custody and its support.
Serving the Divorce Petition– After drafting the petition it will be served to the other spouse. The other spouse only needs to sign if both spouses are agree to the divorce. But if the other spouse refuse to sign then divorce (Petitioner) has to fire a professional lawyer to ensure this process. This phase of process is called service of process. During this period spouses are not permitted to take any children out of the state, borrow against property, sell any property, borrow or sell insurance against other spouse.
Response to the Petition of Divorce- 1st party is known as petitioner whereas other party is known as respondent. Respondent can file a response to the petition stating he or she is agreed with this petition, period for response has been defined by 30 days. If response is not filed under this period then the petitioner can request to the court to enter this default. However responding spouse can state his/her disagree with information in the petition.
Final Steps of Divorce
If above both steps are followed based on mutually agreed then both spouses are required to disclose information of their assets, income and expense along with their liabilities. But if one of both spouses are disagree for this divorce then more paper work is required. When the court enters the judgment then the divorce is final. However spouses cannot remarry until the end of the waiting period that has been given to the spouse by the court. A trial will be required if there are few disputes that cannot be resolved and where hearing of the court is required.
Commonly divorce has always been a controversial process in view of several points which needs an expert lawyer having good experience resolving such cases. We at a legal aid are the right platform to do so.