Divorce is the legal process by which the court having competent jurisdiction, dissolves the marriage which took place between two persons. For persons practicing different religions, their marriage is governed by their own personal laws. the court will grant a decree of divorce only when a Petition made by either of the spouse holds sufficient reasons under the grounds for divorce as prescribed under their own personal laws.
Judicial Separation and Divorce are often confused under normal circumstances, but they are entirely different under the legal terminology. For the spouses who do not prefer divorce, can go for judicial separation. Under the Judicial Separation, the relationship between the spouses remain the same, but they do not cohabitate together or consummate. Time period for separation is fixed between the spouses and after the given time, it is open for the estranged couple to resume their marriage life or to go for a Divorce.
Divorce by mutual consent
This process of divorce is preferred when both the spouses mutually agree for divorce. When there is no difference of opinion regarding the divorce and when both the partners wanted to end the marriage amicably, they can prefer Divorce by Mutual Consent as it is the simplest and speedy way of obtaining the decree of divorce. A time period of 6 months is granted to the couples to think about the divorce and it is called as the “Cooling off Period”. Once the period gets over, the Court hearing is fixed and if the divorce is preferred by the couple even after the waiting period of 6 months, the decree for divorce by mutual consent is granted by the competent court.
Custody of Child
Children are the gift of god, born out of the legal wedlock. Whenever the problem rises between the spouses, the affected ones are none but the Children. When a decree for Divorce is granted by the court of law of competent jurisdiction, the problem of custody of children comes into play. Both the spouses fight for the custody of child, when the decision is arrived mutually between them the issue is closed. But when they do not, they present a petition before the court of law to decide, who should take the custody of child.
When one of the spouse approaches for divorce, or when both the spouses approach us for the divorce by mutual consent, a pre-divorce counselling is offered by us to figure out what the exact problem is between the Husband and wife. We try out the best to sort out the issue between them by providing counselling as many couples approach us in the heat of the moment and if the issue is only to be solved legally then we will advise them to proceed with it before the Jurisdictional Court of Law.
Maintenance to the divorced spouses & children
After getting divorced, the wife without the earning capacity or does not have capacity to maintain herself can claim for maintenance from the earning husband. The maintenance amount is calculated and granted based on the income and assets of the Husband. The children who are minor, living with the wife, who does not have the earning capacity are also entitled for the maintenance amount. On the other hand, the law also tries to treat both the spouses equal and as such the husband who genuinely not having the earning capacity, can also claim maintenance from the earning wife.
Permanent Alimony is nothing but the permanent one time settlement between the husband and wife during the time of divorce. While receiving this permanent alimony, the wife or the husband waives off his or her right for all the future claims against the other in any manner.