In the mood for a legal separation, called a divorce, from the present matrimonial tie-up, post quarantine!? Quite likely, the reasons could be more than incompatibility! These issues aren’t planned. Nonetheless, psychological and financial stress can force people to co-opt it for a stressless peaceful existence.
Cases of divorce have come into being even where marriage is considered sacred and a bond for a lifetime. Reasons can surely be more than one to go for it, but parting has never been natural and easy because “laws on divorce in each country differs. In many cases, it differs from state to state also”
It is a different story on what makes the basis of a divorce. One must go for psychological counseling before one decides on the legality of things. But in case that too fails in bringing back the husband and wife together, the best would be to settle through a mutual-consent divorce, which remains the best option having lesser legal trivialities.
Couples, the world over, are beginning to realize the significance of divorce by mutual consent. It is the best form of divorce with lesser litigation and a procedure that could not last for more than six-months in attaining one.
However, in India, divorces are three types — divorce by mutual consent, contested divorce, and void marriages. All have been given protection under the Civil Law code and the Indian Marriage Act 1955, which you can instantly understand online.
While going in for a divorce, the most pertinent question that forms the basis of any separation is — Can you file a quick divorce? Yes, it is possible only if the following checklist is sorted even before seeing a lawyer. They form the basis of any separation.
And they become much more comfortable if it is done on mutual consent. However, the basis of any divorce requires looking into some issues even before you start on it together. They are:
Financial Knowledge of Both Parties
-Financial problems and emotional traumas should not be mixed; one has to understand the cash flow between the two in the house immediately when you are contemplating a divorce say, psychotherapists. Prepare your checklist of expenses based on a monthly income of each, if both are earning, and the costs which include the ones done on your child’s rearing and debt repayment.
Take Account of all Savings And Assets.
List your assets and savings with your parting mate and take into account all savings and assets. Be it listing all household commodities that were purchased together, insurance, investments, bonds, gold everything.
Not just assets even liabilities must be accounted
The liabilities also need to be assessed, especially the existing loans that need to be looked into based on the contribution made by each. Before parting ways, prepare an essential list of assets and liabilities -be it a home, vehicle, retirement plans, insurance claims, cash in the account, pending loans, and household goods. A financial adviser can also be consulted on these instances to sort them.
Divide Your Assets
Once the assets and liabilities are sorted, it needs to be divided. In India, if the husband is not an earning member, he has a right on the wife’s property. If the wife is a homemaker, she needs to be supported with a periodic sum for her upkeep. However, that does not stand for the breadwinner, which in India is the husband. Consulting financial planners is useful advice and must be compiled because one could be running the show while the other is attending on family savings.
Decision For Child Care
Things do become complicated in case of child custody, where the priority remains to protect their interest. Spouses do agree to a lump sum payment of whoever gets the care of the child. To secure the child’s future, an agreement can be reached until the child comes of age.
Once the decision on handling the three things –assets, liabilities, and child’s responsibilities are made, one needs to document all details after arriving at a consensus on these three things that need to be settled amicably in a mutual or consented divorce. In this case, if not original, maintain duplicates of bills in the assets held jointly. However, with all this done, the moot question is, is the divorce still possible?
Is It Possible To Get A Quick Divorce?
Yes, with these aspects sorted, divorce is a huge possibility. If an agreement is reached conscientiously with spouse about custody, alimony, property division between both, the separation is likely to be more comfortable and faster.
Internationally, this is called an “uncontested divorce”. It is easier than a “contested divorce”. In a contested divorce, both parties are not agreeable on many issues and may require lengthy trials and meetings and years of litigation before they come through which an attorney/lawyer handles.
A contested divorce takes more time as you do not agree on the elements with your spouse on:
- The child’s custody
- The Court appearance
- The child’s support
- Support from spouse
- Division in property
- Division of debt
- Issues like education/religion
- Life/health insurance
An uncontested divorce saves your legal fees that, however, is not the case in a contested divorce.
The Pre-requisites In A Lawyer Who Can Take Care That His Client Files
A no-fault divorce does not require staying apart during the legal process. The lawyers explain it eliminates the need to prove the grounds for divorce, which are:
-Separation in case adultery is conducted, or
-On account of inhuman treatment/abandonment
In a No-fault divorce, there is no blame game the parting of ways is on a mutual agreement. The lawyers direct clients in stating in Court on a ‘no-fault divorce paper’ which means there are no differences in seeking the divorce; it is on the consent of both.
-The income, support, and child support worksheets
-The parenting plan in some states
-The marital settlement agreement, separation agreement which depends from country to state
-The findings facts and conclusions of Law
-The judgment of the divorce
-The additional divorce papers/statements by a spouse
-The other litigation papers that the state requires
Also, another essential clause that your lawyer highlights is, how long do you need to be a resident before a divorce can be filed in a state. Usually, the requirement is one year. They also help you decide the expenses involved in the procedure for both the parties, as they have different attorneys, alongside.
But remember all marriages are made in heaven and based on a self-righteous trust and mutual understanding. Communication between the two eradicates misunderstandings, which, if not done for long, at a later stage, can bring you to a divorce. Isn’t it well said, all is fair in love and war, so before you see an attorney, give time and space to your relationship to sort it for divorce, there’s the listing!
Koby Mahon is an experienced content strategist and writer at an Online Assignment Expert. He leads the team that provides law assignment help to students across Australia. Brigette likes reading and plays the guitar in her free time.