It must be the meaning imparted to the word ‘Divorce’ that even while saying about it casually, we can feel the pain that it puts on its sufferers. The pain and suffering which is faced by divorcees is never an easy one and to put back those happy moments and years of marriage is never easy. Yet, in this era of modernity and sophistication, divorce has become like child’s play wherein one moment you hear a couple getting married and the next time you hear about them, it would be their divorce. The increasing rate of divorce in today’s life questions the sanctity of marriages. However, with all the newer ways of life and living, it is not at all surprising to find that getting a divorce has turned out to be a difficult affair in the recent times and thus all the people who need divorces would have to take up the help of experienced divorce lawyers who would greatly help them out in this matter.

In many of the western countries, divorces does not necessarily mean considering the relationship as null and void but is only the cancellation of marital status which was shared between the spouses. Laws on divorces keep on varying around the world and are different from country to country. It is surprising to note that certain countries such as Philippines and Malta does not allow divorces, although annulment is allowed in such countries. In countries where monogamy is permitted, the divorcees can marry other people. The effect of divorce is not only restricted to the separation of the spouses for their own good but also includes several other matters in consequence to the dissolution of the marital relationship which includes child custody, child support, property distribution and spousal support.

Jurisdiction on divorces is different between several countries and the matter of divorce is taken up based on two significant elements which can be either the fault based or non-fault based approach. Many of the countries even though follow the no-fault based approach, yet the behavior of the parties is taken into consideration while deciding about issues of child custody and property distribution. In a no-fault divorce scenario, both the parties who have filed for divorce are not pressed to submit proof of faults of the other party in order to gain separation of the relationship. This kind of approaches for divorce can be found in the countries of Canada and Germany. Also, 49 states of the United States have the no-fault divorce laws wherein the basis for seeking divorce from the court of law would be incompatibility, conflicting differences, and irreparable marital relation.

However, most of the countries around the world ask for proof of separation before deciding whether the parties should be allotted divorce or not. This is the situation of ‘at-fault’ divorces. In such countries, the court needs to be satisfied that it is impossible for both parties in the relationship to continue to stay together.

Divorce is a sensitive topic and yet is a dangerous and daunting word in the spiritual relationship of marriage. Even though, there are physical, social and mental repercussions to divorce, yet it is inevitable in various scenarios. The most important point to be noted while heading for a divorce is seek the advice and guidance of the skilled divorce lawyers who have all the expertise and knowledge with which they can see to it that you can have a safe and secure separation from your spouse.

Author Bio: Rashmi Menon is deeply disturbed with the increasing growth of divorce cases and has followed several divorce cases defended by the top Atlanta lawyers.

Category: Society
Keywords: marriage, divorce, annulment