What is Divorce ?

If you and your spouse are considering getting a divorce, this article is for you. Read on to learn about what a divorce is and types of divorces.

There are a lot of pros and cons to consider before you choose to file a contested divorce or a mutual divorce. This decision will have an impact on your life for years to come, so it’s important to weigh the pros and cons carefully and make an informed decision. This can be a tough decision, so take your time and make sure you’re making the right choice. Once you’ve decided on a divorce, you can consult a divorce / matrimonial lawyer to guide you in make the process as seamless as possible.

What is Divorce ?

“Divorce”, or "dissolution of marriage," is the legal termination of the marital relationship by court of law. When a marriage ends due to breakdown in relationship or due to matrimonial offences committed by either spouse, the aggrieved spouse can approach the appropriate court of law for divorce. The divorce process is handled by family law attorneys.

?Divorce can broadly Classify in the following categories: -

1. Contested Divorce
2. Mutual Divorce

?Note: - While it's important to hire a best divorce lawyer who is skilled and knowledgeable, it is also crucial to find an best divorce attorney with whom you feel comfortable on a personal level. Divorce is generally an intensely emotional process, requiring delicate people skills in addition to legal know-how.

What is Contested Divorce ?

Sometimes, when there is a breakdown in a matrimonial relationship and only one spouse wants to end the marriage by the family court, it is generally termed as Contested Divorce.

?Contested Divorce means that your spouse is guilty of committing the matrimonial offense*. If Your spouse is guilty of committing the matrimonial Offence or failed to discharge reasonable behavior leads you to the conclusion, that living together with spouse is not possible.

?In India, certain grounds are available upon which every married individual under his/her governing laws, on which he/she can contest a divorce on his or her behalf even without the other spouse’s consent.

?Note: - A contested divorce is a formal way of seeking a divorce from your spouse. It should be exercised when mutual consent divorce is not possible.

?* 1. Matrimonial Offences are the grounds for divorce.

What is Mutual Divorce ?

Mutual divorce is one of the processes of divorcing your spouse, which is also known as “Mutual Consent Divorce” .

It means when both the spouses [Husband & Wife] are mutually convinced that they cannot live together anymore and further, it will the best solution for them to get divorce or to end their matrimonial relation / marriage.

?Note: - Research says that one of the fastest ways of being granted a divorce in India is through mutual consent as other options linger on for too long.

Conclusion :

1. In a traditional divorce (contested divorce), the spouse initiating the divorce is the one who has to prove the reasons for the divorce or that the other spouse is responsible of committing the matrimonial offence. It is the one who has to prove the incompatibility between the two partners, the emotional or financial abuse, or the infidelity or any other matrimonial offence, as the case may be. This can be a very daunting task, both in terms of gathering and presenting evidence, as well as in terms of emotional & financial wellbeing.

• Separation, property, alimony, ect.. will be decided by the Hon'ble Family court based on the merits / demerits of your case.

1. On the other hand, if you choose a mutual divorce, you can put your energy into healing your relationship, rather than worrying about how you will prove your case. This will also help prevent any unnecessary drama from getting into the court case. This is the easiest and inexpensive processes of Divorce.

• Separation agreement: If you choose to go with a mutual divorce, you will have to draft an agreement to govern your relationship after the divorce.
• Property division: If you choose to go with a mutual divorce, you will have the option to negotiate the division of property. This can be a very beneficial exercise, as you can decide on the division of assets and liabilities, depending on the circumstances of your relationship.