Each divorce has its own challenges and is as different as the couple getting it. Getting a divorce is not mandatory when couples decide to part ways. Although a separation is the first step, divorce becomes mandatory when one or both spouses decide to re-marry. Getting a divorce could be simple or extremely complicated, depending on the circumstances the couple is getting a divorce under. In either case, knowing the laws is essential. It is always best to get a divorce lawyer who can help you with the intricacies of the laws so that you get the best settlement possible.
Grounds for Divorce:
A divorce can be obtained on one or more of the following grounds.
- One-year separation: This is the most common way to obtain a divorce. When a couple has decided to live separately without any intention of resuming the relationship for a minimum of one year, this is considered a separation. If the couple continues to live separately for the year, a divorce is granted after the one-year mark even though the petition can be filed before the year is over.
- Adultery: Adultery takes place when one partner cheats on their spouse with another person.
- Physical and Mental Cruelty: When one spouse files for a divorce on the basis of cruelty and the impossibility of living together, with enough evidence, this can be grounds for divorce. This can be ground for divorce if there is evidence of mental or physical abuse in the marriage and it is impossible to live together.
Matters that need to be considered when obtaining a divorce:
- Issues regarding children, including custody, access, and child support
- Property, including possession of the marital home and division of property
- Spousal support
- Any other items that the separating spouses feel necessary to cover in an agreement
Divorces can be mentally, physically and financially draining. Obtaining a divorce can be a complicated and tedious process. It is imperative that you understand your rights and entitlements so that you can be satisfied that you were able to negotiate the best possible financial gains, child custody/support and spousal support. If a divorce is uncontested, which means that all the issues have been either resolved or agreed upon via a separation agreement, the divorce can be granted fairly quickly. With Mehta and Bansal Lawyers, we understand the strain that the divorce process can cause, therefore, we can help you at every step to make the process more bearable. Give us a call today for a consultation if you are considering a divorce or separation.
