Divorce is generally considered as a last resort in marriage when everything else fails. Therefore, the law has clear prescriptions under which divorce can be granted. The following are important things to know before getting legal help for divorce
1. Divorce is not something which can be started and ended as one wishes, but it is the last and final resort when other steps fail
2. According to law, divorce is different from other contracts which can be terminated by mutual consent.
3. Divorce, most of the times, is not the best course of action. The underlying causes leading to such a drastic step have to be first analyzed. If something can be done to remedy the situation and prevent divorce, then that is preferred.
4. That all other efforts have to be considered to safeguard the marriage. Arbitration and granting space and time for dialogue is important and cannot be subjected to rigidity of law.
5. That the law is clear on grounds upon which divorce can be granted. Divorce cannot be granted just because one party is bored with the other.
6. The party approaching law for getting divorce should prove that it is the aggrieved party and there is solid reason for seeking the divorce. The burden of proof falls upon the party seeking divorce.
7. The concern of children's welfare is of utmost importance.Both parties should be able to demonstrate how they are going to take care of the children after divorce has happened.
8. Both parents should have equal rights regarding access to children. The separation of parents should not be a ground to deny the other party of this right of access to his or her children.
9. Both parents have to assume responsibility of the welfare of their children after separation. The child's welfare is of primary importance which cannot be ignored by any parent or by law.
10. The law also understands that in some cases, divorce becomes absolutely essential. Fo example - if one of the spouse is totally negligent of the other or in the case of cruelty to each other, there might not be an escape route other than seeking separation. In such cases, it would be in the best interests of all that the husband and wife get separated from each other.
1. Divorce is not something which can be started and ended as one wishes, but it is the last and final resort when other steps fail
2. According to law, divorce is different from other contracts which can be terminated by mutual consent.
3. Divorce, most of the times, is not the best course of action. The underlying causes leading to such a drastic step have to be first analyzed. If something can be done to remedy the situation and prevent divorce, then that is preferred.
4. That all other efforts have to be considered to safeguard the marriage. Arbitration and granting space and time for dialogue is important and cannot be subjected to rigidity of law.
5. That the law is clear on grounds upon which divorce can be granted. Divorce cannot be granted just because one party is bored with the other.
6. The party approaching law for getting divorce should prove that it is the aggrieved party and there is solid reason for seeking the divorce. The burden of proof falls upon the party seeking divorce.
7. The concern of children's welfare is of utmost importance.Both parties should be able to demonstrate how they are going to take care of the children after divorce has happened.
8. Both parents should have equal rights regarding access to children. The separation of parents should not be a ground to deny the other party of this right of access to his or her children.
9. Both parents have to assume responsibility of the welfare of their children after separation. The child's welfare is of primary importance which cannot be ignored by any parent or by law.
10. The law also understands that in some cases, divorce becomes absolutely essential. Fo example - if one of the spouse is totally negligent of the other or in the case of cruelty to each other, there might not be an escape route other than seeking separation. In such cases, it would be in the best interests of all that the husband and wife get separated from each other.
About the Author:
Want professional and legal help for your family matters relating to family law, child custody and divorce? Visit our site - custody attorney
No comments:
Post a Comment