DIVORCE Divorce is also known as the dissolution of marriage. It is a process that is legal and leads to the end of the marriage. Different laws are applied in different countries regarding the matter of divorce. Countries like Malta and the Philippines do not permit divorce but do permit invalidation. The legal process that are involved in a divorce mat include a claim and reward of the support of the spouse, custody of the child, support of the child, distribution of the property and division of debt, though these matters are only supplementary to divorce. No fault divorce is a kind of divorce where in a court is not required to find either one of the partners at fault for the collapse of a marriage when granting the divorce. It does not mean that a court will ignore the behavior of the partners when the property and debts are divided, or when the custody is evaluated. The court is prohibited from not allowing a divorce or not allowing a party to bring up a protection for divorce. The terms of the divorce are also resoluted by the court, though the prenuptial or postnuptial agreements will be taken into account. The terms the couple had agreed upon privately will also be considered. Many a times, the terms and conditions that are set by the court are not agreed upon by the couples. This can lead to litigation that full of tensions and is quite expensive. But in the recent times fewer adversarial approaches like negotiation and mutual divorce have come up. In cases where in the children are involved, governments have a imperative interest in making sure that disputes between the parents do not affect the children. Encouragement of parenting plan is a way of doing this. The types of divorce: No-fault divorce: In this kind of a divorce, there is no requirement of a proof or an allegation which proves either of the partners wrong. The only thing that is required to be shown in this kind of a divorce is separation (for 1 year), and the application for the divorce can be made filed any one partner or by both the partners jointly. The common reasons for applying for such a kind of divorce include inappropriateness, clashing differences, and severe breakdown of the marriage. No-fault divorce can be a one-sided divorce action forced upon the partner who is not willing for the divorce by the partner who starts it with the support of the court system. The non-starting partner may be divorced in spite of his or her disapproval, though "not at fault" kind of divorce.
At-fault divorce
Initially at fault divorce was the only way to shatter a marriage, and those people who had differences between them but unfortunately did not manage to qualify for the "at fault" kind of divorce had only one option remaining. That is to separate and were not allowed to marry again legally. But Condonation, Connivance, aggravation, agreement are some of the ways through which a fault divorce can be kept at bay. A defense is quite expensive, and usually not in practice as finally most divorces are granted. If both the spouses are guilty of breaches, Comparative rectitude is a doctrine used that determines which partner is more at fault.
Summary divorce
One can avail of the summary divorce which is also known as simple divorce only in some jurisdictions. It is put into practice when spouses meet specific eligibility necessities, or if they can agree upon key issues in advance. Key factors are: Short-term marriages (below 5 years), no children, negligible property, wedded belongings are under a threshold, one of the spouses individual property is under a threshold.
Uncontested divorce
It is anticipated that most of the divorces that take place are of the uncontested type because here both the partners are able to draw a conclusion or come to an agreement through or not through counselors, lawyers, mediators, etc. They make decisions the property, the children and other support issues. When the parties agree upon a common decision and present before the court, a just and impartial agreement, the court almost guarantees the divorce. But if vice-versa, then they may the court may be asked to take a decision regarding their split in their property and the custody of the children.
Collaborative divorce This kind of divorce is becoming more and more popular because the couple comes to an agreement regarding the issue of divorce. In such kind of a divorce there is compromise between the partners on an agreed decision with the help of attorneys who are skilled in this process and in conciliation too. This kind of divorce is also held with the aid of an impartial financial expert or a divorce
coach. The partners are motivated to make their own decisions keeping their interests, requirements and priorities in mind, but only with total information and
complete specialized support. This method of separation is less expensive as compared to the other methods. There are no timelines set for the completion of this kind of a divorce. Divorce mediation is an option to traditional divorce litigation. In a session of divorce mediation, a mediator encourages the talk between the spouses and also supplies information and remedies to solve their problem. At the end the couple normally develops a modified divorce agreement that can be given to the court. During these sessions both the partners are well informed about their rights, their privileges, and their limitations.
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