TYPES OF DIVORCE

Under the Hindu Law divorce is of two types:-

  1. Mutual Divorce- Under section 13-B of the Hindu Marriage Act, both the parties agrees and express their consent for peaceful separation, the alimony and child custody issues is already dealt between them. To file for mutual divorce one must have mutual consent and the parties have been living separately for at least one year.
  2. Contested Divorce – Under section 13 of the Hindu Marriage Act deals with when ny pg the party has caused cruelty, conversion of religion, unsound mind, communicable disease or unheard for more than seven years i.e. desertion.

THE SIX STAGES OF DIVORCE

STAGE 1 – DRAFTING AND FILING PETITION

Petition should be filed in the family court along with the court fees

STAGE 2 – ISSUE OF SUMMONS

A court notice is sent to the other party notifying that the process of divorce has been initiated by their spouse

STAGE 3 – RESPONSE OF THE SUMMONS BY THE PARTY WHO WAS SUMMONED

The party has to be present on the mentioned date and is the party fails to be present than the court will end the process of divorce.

STAGE 4 – TRAIL AT THE COURT

The court hears both the parties with evidence and witnesses conduct examination, cross examination. Also, any party can file a temporary petition with respect to maintenance and child custody before the court. This can be filed after hearing and during the pendency of the court proceedings. This order stays in power until the final court procedure of the Divorce

STAGE 5 – ARGUMENTS BY ADVOCATES

The respective advocates of both the parties argue before the court on the basis of documentary evidence filed and depositions of the witnesses.

STAGE 6 – FINAL ORDER

The final order is passed after successful completion of all the stages mentioned above. The final order can be challenged to the higher courts.

People who have undergone divorce has faced the most challenging experiences as divorce affects each person differently, but one common thread is that it almost always entails significant changes in their lifestyle and family dynamics. The stages of divorce are well-known stages of grief with the added stress of the related legal proceedings. Divorce is majorly filled with pain, emotions and it brings out five phases of grief as well such as:

  1. Denial – Not acknowledging the problems of the martial relationship.
  2. Anger – the feeling of anger for your partner, feeling betrayed, rejected, abandoned, misunderstood, fear, loneliness, seek explanation and so on.
  3. Grief – mourning the loss of dreams, care and foreverness with your partner.
  4. Depression – feeling of despair and hopelessness.
  5. Acceptance – finally accepting the reality and moving on towards a new future.

One’s grief state is something that is unavoidable but that does not mean that the grief cannot be controlled or let go.

  1. Create your own support group of friends and relatives.
  2. Not suppressing your emotions.
  3. Take out time for yourself.
  4. Hiring an experienced and compassionate divorce advocate.
  5. Avoid emotions that may influence practical decisions.

Hopefully, the above mentioned tips will navigate ones emotional side of divorce with clarity and confidence and avoid emotionally driven mistakes. As few allow their anger to spur them toward errors that cost them dearly in their divorce proceedings and others allow depression to let them lose sight of their best interests and agree to one-sided divorce terms without a fight