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What causes the majority of divorces, and how might the law assist you in this?

What causes the majority of divorces, and how might the law assist you in this?

Marriage is a beautiful idea, it has a high cost. Maintaining the purity of any relationship requires effort from both parties, which is not always possible. This reluctance and callousness frequently result in divorce, which can be very acrimonious. Divorce rates have increased significantly in recent years, and there are many explanations given for this trend. A list of some of the most typical causes of divorce is provided below.

Incompatibility: Irreconcilable differences essentially refer to the degree of incompatibility. Either you or the other person are poles apart and refuse to compromise, or you drift away over time. It might be the result of divergent moral standards, sex-life issues, religious differences, or the development of an autonomous and totally discordant personality.

Infidelity: Whether you're married or not, it's wrong to be unfaithful. You cannot count on your spouse to comprehend if this occurs in a marriage. Your marriage clearly has some unresolved issues that should be addressed; nevertheless, if those issues persist, you should quit your marriage before you cheat. The final straw in a marriage, extramarital encounters frequently result in divorce.

Addictions: Abuse of any substance, including alcohol and drugs, can frequently result in divorce. Such addictions have a negative impact on your memory loss, money waste, family obligations, relationships, and connections, as well as your mood swings, conduct, sleep patterns, appetite, and sleep patterns.

Domestic violence: This is a significant factor that can cause divorces. It affects not only women but also males, and it is offensive and unpleasant.

Family problems: In a married picture, more people are present than simply the couple. Things can turn ugly and people do file for divorce when their partner or family meddles in their daily lives, children's upbringing, and other household responsibilities. In the event that the couples do not support one another, they do not want their child to grow up in a bad atmosphere.

Miscommunication: Miscommunication is typically the main factor in conflicts, arguments, and divorces. With this problem, assuming and supposing go hand in hand. If family problems and financial constraints are not addressed, they might result in divorce and separation, both of which can be very ugly.

Divorce is often a traumatic process. Even though the emotional strain is already too much to bear, dealing with the legal system can be challenging. However, it is crucial to be aware of your legal rights whether you are divorcing or considering it. Law can assist you and help you get through it if you are an aggrieved. You can only defend your rights if you are aware of them.

Grounds for filing a Divorce :

Law is unbiased and is supposed to assist the parties to a case irrespective of the gender. Both men and women can apply for divorce on the following grounds:

  • Mutual Consent
  • Cruelty
  • Adultery
  • Desertion
  • Conversion
  • Mental disorder
  • Communicable disease
  • Renunciation of the world
  • When the spouse is presumed dead

Any of these grounds may be used to support the filing of a divorce petition in court. The three most contentious issues after a divorce are child custody, property division, and maintenance. We shall go into detail about the parties' rights in this regard.

Right to Maintenance : After a divorce, one spouse must make a maintenance payment to the other to make sure they are both taken care of financially. Women's entire financial dependence on men led to the development of the concept of maintenance since it forced women to remain in unhappy marriages. Things are changing, and more and more women are becoming financially independent.

Accordingly, under the Hindu Marriage Act of 1955, maintenance can now be sought by both men and women. The Special Marriages Act of 1954 allowed only the wife to request maintenance, but that is now also changing.

Conditions to claim maintenance:

  • The marriage is legally valid.
  • The person who supported the household has stopped providing for the spouse.
  • The spouse claiming maintenance is not capable or is unable to maintain themselves.

A person cannot be entitled to maintenance if they are in good health and able to find work that will allow them to support themselves. It is crucial to understand that anyone might be entitled to maintenance, not just a spouse. The following persons also possess it:

  • Minor children,
  • If an adult kid has a physical or mental disability that makes it difficult for them to maintain themselves,
  • Adult daughter who is not married,
  • Mother or father of a partner who is incapable of supporting themselves or when their own children are incapable of supporting them,

The dependents' present level of living will be maintained by the maintenance grant. Regular payments will be made for maintenance.

Interim Maintenance: The financial support given to the wife while the divorce is pending is known as interim maintenance (from the date of filing to the date of decree or dismissal). This is offered to make sure the woman can support herself throughout the divorce process. Nevertheless, the following situations do not grant a spouse the right to maintenance:

  • Whenever they engage in an extramarital relationship while still married.
  • Once the divorced spouse marries again.
  • When they achieve financial independence.
  • If the couple has mutually agreed to remain apart.
  • If the woman, without good cause, refuses to live with the husband.

Legal custody: Many people believe that mothers always retain custody of their children. That is not the situation. The courts will consider what is in the best interest of the child even if they typically support the parents' choice in a mutually consenting divorce.

For instance, in a contentious divorce, the courts will look at each parent's capacity to raise the child. Usually, it is not taken into account who makes more money. The court typically grants non-working moms custody of their children, but husbands are expected to provide financial assistance.The mother has the right to custody if the kid is younger than five (or seven in the case of Muslim personal law), as extensive care and nurturing are required throughout the baby years.

Right to Property: According to the law, a specific piece of property is the property of the person in whose name it has been registered. It makes no difference who contributed money, who was the main contributor, or anything of the type.

So long as there is no dispute, the property belongs to the only owner.The other party may assert their claim by providing the court with appropriate proof if the property was purchased in one person's name but the other party contributed significantly to it. You might present financial documents and statements as evidence of this. Apart from this a man’s ancestral property will not be up for claims.

Conclusion

In India, divorce rates are not as high as they are in other countries. Our nation holds the view that bonds are afraid of marriages. Divorce can happen for a number of reasons. Although the fault theory is still used in India when it comes to divorce, parties today also observe the mutual consent rule. The current generation also applies the mutual consent theory. Some partnerships demand the partners' patience, understanding, and time. According to statistics, 50 percent of marriages end in divorce. Children suffer the most when there are children involved.

Everyone should be aware of their rights and liabilities in order to seek the legal assistance of the courts. Hiring a professional lawyer who is proficient in handling matters of marriage and divorce is equally important as he will be your representative in the court of law and your advisor as well.

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