ABSTRACT
Divorce (or the dissolution of marriage) is the termination of a marital union, the cancelling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state. Divorce should not be confused with annulment, which declares the marriage null and void; with legal separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from insufficient sex, lack of independence, or a personality clash. Divorce laws vary considerably around the world, but in most countries it requires the sanction of a court or other authority in a legal process. The legal process of divorce may also involve issues of alimony (spousal support), child custody, child visitation / access, parenting time, child support, distribution of property, and division of debt. In most countries monogamy is required by law, so divorce allows each former partner to marry another; where polygene is legal but polyandry is not, divorce allows the woman to marry a new husband. Divorce can be a stressful experience: affecting finances, living arrangements, household jobs, schedules, parenting and the outcomes of children of the marriage as they face each stage of development from childhood to adulthood. If the family includes children, they may be deeply affected.[2]
INTRODUCTION
The topic of divorce would seem to require no introduction. Divorce refers to the often messy and painful end of a marriage. For better or for worse, divorce is a very common event these days. Most everyone has been touched by it, either by going through it themselves as a spouse or a child, or knowing someone who has gone through it as a spouse or as a child.
Despite widespread familiarity with the effects of divorce, the details of the divorce process are less well known. In this section, we discuss the important concepts and procedures involved in the divorce process with the sincere hope that educating people regarding this information will help minimize pain.
You can feel like the loneliest person in the world when you are contemplating divorce. It’s therefore important to keep divorce in perspective so that it doesn’t crush you. The first thing to know about divorce is that it is common and nothing to be ashamed of.
According to recent statistics, the rate of divorce in the United States (0.40%) is approximately half the rate of marriage (0.78%), suggesting that approximately 50% of all marriages – an enormous number! – are ending in divorce.
While the actual meaning of these figures is arguable (given that it may be unfair to try to predict who will divorce in the future based on who is divorcing today), there is no disputing the fact that a great number of Americans have divorced and will divorce in the future. Divorce is so common it has become an industry unto itself with lawyers and matchmaking companies being just a few of the groups deriving economic benefit from the process.
Under the social pressure of so many divorces, the stigma that used to be attached to divorce is largely gone. It continues to be painful to divorce, but with so much company, it is no longer a lonely isolated place.
Divorce means the termination of marital relations. It means dissolution of the marital bond. Technically speaking, divorce means a decree of dissolution of marriage. Divorce is a process through which marital bond ceases to be in existence as per law and the couple can no longer be called the husband or the wife.
Divorce allows the couple to come back to the status as if they are not married. They become free to marry again. Divorce means the dissolution of marital relations, rights and obligations.
HISTORY
Narada and Parashara have laid down rules that marriage could be dissolved if the husband was found to be kliba or impotent. According to Narada, if a woman finds that her husband is devoid of manliness and virility, she has to wait for six months and after the lapse of this period she can choose another husband. According to the Smritis, there are five cases in which the wife is allowed to have second husband. These conditions are:
1 If the first husband is missing
2 If a husband becomes an ascetic
3 If a husband is impotent.
4 If a husband is degraded from the caste.
5 If a husband is dead.
Narada is of the opinion that, in case the husband is missing the wife must wait for four years for his return, if she has no child and she is a Brahmin. Then she has to wait for three years, if she is Khatriya and two years if she is a Vaishya. In case the wife has an issue from the lost husband, then she has to wait for double the period.
Kautilya permits the woman to abandon her husband if he has bad character, if he is out for a very long time or if he has become a traitor or if he is likely to endanger her life or if he has lost his virility.
Kautilya speaks of divorce as Moksha. A divorce can be obtained where there is hatred or enmity between the husband and the, wife. But neither the husband nor the wife can dissolve marriage against the will of the other party. He had sanctioned divorce only in four ‘Adharmic’ marriages namely, Asura, Gandharva, Paisacha and
Rakshasa on grounds mentioned above by him. He is of the opinion that the bond of marriage, according to Brahma, Daiva , Arsha and Prajapataya forms cannot be dissolved at all. In other four forms, marital ties cannot be dissolved without mutual consent.
Hindu marriage is regarded as sacred because it is a bond of indissoluble nature. In any society when the married persons feel that they cannot live together, they have no other alternative but to dissolve the marriage.
Divorce is the final dissolution of marriage. As far as Hindus are concerned, the bond of matrimony was regarded as permanent bond and dissolution of marriage was generally not regarded as proper.
Hindu marriage is an unbreakable, permanent bond. Keeping this in view, Manu says that the husband and the wife should always treat each other in such a manner that no occasion may arise for them to separate from each other.
Divorce by Mutual Consent
Seeking a divorce in India is a long-drawn out legal affair, where the period of prosecution takes a minimum of six months. However, the time and money required to obtain a divorce can be considerably shortened if the couple seeks divorce by mutual consent. In this case, estranged spouses can mutually agree to a settlement and file for a “no-fault divorce” under Section 13B of the Hindu Marriage Act 1955. All marriages which have been solemnized before or after the Marriage Laws (Amendment) Act 1976, are entitled to make use of the provision of divorce by mutual consent. However, for filing for a divorce on this ground, it is necessary for the husband and wife to have lived separately for at least a year.
Procedure for Filing for Divorce
The procedure for seeking a divorce by mutual consent, is initiated by filing a petition, supported by affidavits from both partners, in the district court. Known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, in their petition for divorce by mutual consent, are custody of child, alimony to wife, return of dowry items or “streedhan” and litigation expenses.
A divorce is not just a dissolving of a personal relationship. Since marriage is a social institution, its dissolution has far-reaching consequences on the whole family. And these consequences are both emotional and financial. The worst sufferers of divorce are women, who are not only find themselves bereft of the means to acquire basic necessities like food, clothing and shelter, but are also left to take care of the children from a broken marriage. To protect their interests, the Indian legal system has consistently tried to better the financial situation of women, by provisions of alimony.
Alimony is the financial support that a spouse is required to provide an estranged partner during and after a divorce. Alimony is usually granted to women, since they are traditionally homemakers, and thus find it difficult to support themselves and their children after a divorce. However, due to the concept of equality of the sexes and with increasingly economic independence of women, alimony can now be sought by either spouse, depending on the particular financial condition of each. Some of the factors which determine whether alimony is to be paid, how much and for how long are:
Current financial support. Alimony is generally not granted by the court to the seeking party if the latter is already receiving financial support, during the time of the divorce.
Duration of marriage. The quantum and duration of alimony depends on how long the couple had been married before filing for divorce. Spouses who have been married for more than ten years, for instance, may be granted lifelong alimony.
Age of the recipient. Often the alimony granted to a younger spouse is for a shorter tenure, if the court thinks that the recipient can eventually become financially sound, with career advancement.
Financial position of either spouse. If the divorce takes place between two parties with unequal resources, the higher-earning spouse is generally asked to pay a substantial amount as alimony, in order to equalize the financial condition of the spouses. Similarly, a spouse with very profitable financial prospects is usually asked to cough up the alimony amount.
Health of spouse. If the seeker is in poor health, the court usually orders the other spouse to pay a high alimony to take care of the former’s healthcare expenses.
Respective marriage laws. The terms and conditions of alimony, also vary from one personal law to another. Thus, whether and how much alimony the seeker will be granted, will depend upon the laws according to which he/she got married.
Maintenance by public body. In exceptional conditions, the court can direct that the seeker be paid maintenance after divorce, by a public body.
While in the Western countries, alimony is an obligation ordered by the court to the financially stronger spouse, in India it is not yet an absolute right of the seeker. Rather the awarding of alimony, its amount and duration are determined by the financial position and family circumstances of the respective spouses.
Child custody. Another aspect of divorce which leads to a great deal of emotional trauma and legal complication, is child custody. This is because divorce entails the breakdown of the entire family. The child is not only separated from one of the parents, but may also lose other siblings and the wider extended family. The Hindu Marriage Act 1955, has exhaustive laws related to child custody and child support. If the child is below five years, the custody is unanimously awarded to the mother. In case of older children, the custody of a girl child is generally given to the mother, and that of the boy child to the father. Visitation right is an important aspect of child custody, which specifies how frequently of the estranged parent can meet his/her children.
Child support is intricately linked to child custody, since it is most practical for the parent taking care of the child, to receive financial support for bringing up the child. In an overwhelming majority of divorce cases, it is the mother who is entitled to child support, since she is the primary caretaker of the child or children post-divorce. However, like alimony rights, child custody and support are also of subject to respective marriage laws of the estranged couple. In case of divorce by mutual consent, the parents should to take the help of a lawyer in order to thrash out the details of child custody and child support. In cases of contested divorce, on the other hand, the receiving parent is best advised to make a strong claim for child support, under the guidance of her lawyer. Finally, it is up to the court to specify the amount and duration of child support, where the divorce is being contested.
Types of divorce
Despite this, in some countries the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse (for example, see Family Code Sections 720 and 1100 of the California Family Code). Grounds for divorce differs from state to state in the U.S. Some states have no-fault divorce; some states require a declaration of fault on the part of one partner or both; Some state allow either method.
In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or post-nuptial agreements, or simply ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable). In absence of agreement, a contested divorce may be stressful to the spouses.
NRI Divorce
While the procedure of getting a divorce in India is protracted enough, the situation gets further complicated if the marriage involves one or both non-resident Indians. The Indian legal system does not have very exhaustive divorce laws for marriages with or among non-resident Indians. However if a couple has got married in India under the Hindu Marriage Act 1955, the partners can file for divorce by mutual consent, like other Indians residing in the country. If both the spouses are residing in a foreign country, Indian law will recognize their divorce according to the laws of that country, only if it is by mutual consent. Even when the divorce is taking place abroad, it is always better to hire a lawyer who is aware of Indian divorce laws relating to non-resident Indians.
The whole procedure of going through a divorce in India is fraught with emotional, social and legal complexities. Besides being an exceedingly traumatic personal experience, partners, especially women, going through divorce face discrimination from their communities and even their families. Moreover, the long drawn-out litigation creates pressure on already stretched resources. However, there are several state agencies as well non-government organizations, which offer legal and emotional counselling and sometimes even financial aid, for spouses going through divorce. The important thing is to keep one’s courage through it all and continue to fight for one’s own well being.
Contested divorce
Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer’s time and preparation. In such a divorce the spouses are not able to agree on issues for instance child custody and division of marital assets. In such situations, the litigation process takes longer to conclude.[26] The judge controls the outcome of the case.[27] Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate mutually acceptable resolution to conflicts. This principle in the United States is called ‘Alternative Dispute Resolution’ and has gained popularity.
At-fault divorce
Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible to the marriage. This was termed “grounds” for divorce (popularly called “fault”) and was the only way to terminate a marriage. Most jurisdictions around the world still require such proof of fault. In the United States, no-fault divorce is available in all 50 states, as is the case with Australia, New Zealand, Canada and other Western countries.
Fault-based divorces can be contested; evaluation of offenses may involve allegations of collusion of the parties (working together to get the divorce), or condonation (approving the offense), connivance (tricking someone into committing an offense), or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.[28]
The grounds for a divorce which a party could raise and need to prove included ‘desertion,’ ‘abandonment,’ ‘cruelty,’ or ‘adultery.’ The requirement of proving a ground was revised (and withdrawn) by the terms of ‘no-fault’ statutes, which became popular in many Western countries in the late 1960s and early 1970s. In ‘no-fault’ jurisdictions divorce can be obtained either on a simple allegation of ‘irreconcilable differences,’ ‘irretrievable break-down’, or ‘incompatibility’ with respect to the marriage relationship, or on the ground of de facto separation.[29]
Summary divorce
A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements, or can agree on key issues beforehand.
No-fault divorce
Some Western jurisdictions have a no-fault divorce system, which requires no allegation or proof of fault of either party.[30] The barest of assertions suffice. For example, in countries that require “irretrievable breakdown”, the mere assertion that the marriage has broken down will satisfy the judicial officer. In other jurisdictions requiring irreconcilable differences, the mere allegation that the marriage has been irreparable by these differences is enough for granting a divorce. Courts will not inquire into facts. A “yes” is enough, even if the other party vehemently says “no”.
The application can be made by either party or by both parties jointly.
In jurisdictions adopting the ‘no-fault’ principle in divorce proceedings, some courts may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support—facts that almost always have considerable weight in fault proceedings.[citation needed] In custody cases, courts might consider factors that may appear like ‘fault’ based issues but are really related to protection of the child or children. These may include but are not limited to one or both parent’s substance abuse, history of violence, cruelty, instability, neglect or endangerment.
Uncontested divorce
It is estimated that upwards of 95% of divorces in the U.S. are “uncontested”, because the two parties are able to come to an agreement (either with or without lawyers/mediators/collaborative counsel) about the property, children, and support issues. When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the two parties cannot come to an agreement, they may ask the court to decide how to split property and deal with the custody of their children. Though this may be necessary, the courts would prefer parties come to an agreement prior to entering court.
Where the issues are not complex and the parties are cooperative, a settlement often can be directly negotiated between them. In the majority of cases, forms are acquired from their respective state websites and a filing fee is paid to the state.[31] Most U.S. states charge between $175 and $350 for a simple divorce filing.[32][33][34] Collaborative divorceand mediated divorce are considered uncontested divorces.
Because of additional requirements that must be met, most military divorces are typically uncontested.
In the United States, many state court systems are experiencing an increasing proportion of pro se (i.e., litigants represent themselves without a lawyer) in divorce cases.[35] In San Diego, for example, the number of divorce filings involving at least one self-representing litigant rose from 46% in 1992 to 77% in 2000, and in Florida from 66% in 1999 to 73% in 2001. Urban courts in California report that approximately 80% of the new divorce filings are filed pro se.[36]
Collaborative divorce
Collaborative divorce is a method for divorcing couples to come to agreement on divorce issues. In a collaborative divorce, the parties negotiate an agreed resolution with the assistance of attorneys who are trained in the collaborative divorce process and in mediation, and often with the assistance of a neutral financial specialist and/or divorce coach(es). The parties are empowered to make their own decisions based on their own needs and interests, but with complete information and full professional support.
Once the collaborative divorce starts, the lawyers are disqualified from representing the parties in a contested legal proceeding, should the collaborative law process end prematurely. Most attorneys who practice collaborative divorce claim that it can be more cost-effective than other divorce methods, e.g., going to court.[37] Expense, they say, has to be looked at under the headings of financial and emotional. Also, the experience of working collaboratively tends to improve communication between the parties, particularly when collaborative coaches are involved, and the possibility of going back to court post-separation or divorce is minimized. In the course of the collaboration, should the parties not reach any agreements, any documents or information exchanged during the collaborative process cannot be used in court except by agreement between the parties.
Neither can any of the professional team retained in the course of the collaboration be brought to court. Essentially, they have the same protections as in mediation. There are two exceptions: 1) Any affidavit sworn in the course of the collaboration and vouching documentation attaching to same and 2) any interim agreement made and signed off in the course of the collaboration or correspondence relating thereto. The parties are in control of the time they are prepared to give their collaboration. Some people need a lot of time to complete, whereas others will reach solutions in a few meetings. Collaborative practitioners offer a tightly orchestrated model with meetings scheduled in advance every two weeks, and the range of items to be discussed apportioned in advance of signing up as well as the more open ended process, the clients decide.
Mediated divorce
Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include either party’s attorneys, a neutral attorney, or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. Some mediation companies, such as Wevorce, also pair clients with counselors, financial planners and other professionals to work through common mediation sticking points.[38] Divorce mediators may be attorneys who have experience in divorce cases, or they may be professional mediators who are not attorneys, but who have training specifically in the area of family court matters. Divorce mediation can be significantly less costly, both financially and emotionally, than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders.[citation needed]
Polygamy and divorce
Polygamy is a significant structural factor governing divorce in countries where this is permitted. Little-to-no analysis has been completed to explicitly explain the link between marital instability and polygamy which leads to divorce. The frequency of divorce rises in polygamous marriages compared to monogamous relationships. Within polygamous unions, differences in conjugal stability are found to occur by wife order. There are 3 main mechanisms through which polygamy affects divorce: economic restraint, sexual satisfaction, and childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate a divorce
Effects of divorce
Some of the effects associated with divorce include academic, behavioral, and psychological problems. Although this may not always be true, studies suggest that children from divorced families are more likely to exhibit such behavioral issues than those from non-divorced families.[40]
Causes of divorce
An annual study in the UK by management consultants Grant Thornton, estimates the main proximal causes of divorce based on surveys of matrimonial lawyers.[109]
The main causes in 2004 were:
Adultery; Extramarital sex; Infidelity – 27%
Domestic violence – 17%
Midlife crisis – 13%
Addictions, e.g. alcoholism and gambling – 6%
Workaholism – 6%
According to this survey, husbands engaged in extramarital affairs in 75% of cases; wives in 25%. In cases of family strain, wives’ families were the primary source of strain in 78%, compared to 22% of husbands’ families. Emotional and physical abuse were more evenly split, with wives affected in 60% and husbands in 40% of cases. In 70% of workaholism-related divorces it was husbands who were the cause, and in 30%, wives. The 2004 survey found that 93% of divorce cases were petitioned by wives, very few of which were contested. 53% of divorces were of marriages that had lasted 10 to 15 years, with 40% ending after 5 to 10 years. The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce.
Social scientists study the causes of divorce in terms of underlying factors that may possibly motivate divorce. One of these factors is the age at which a person gets married; delaying marriage may provide more opportunity or experience in choosing a compatible partner.[63][110] Wage, income, and sex ratios are other such underlying factors that have been included in analyses by sociologists and economists.[111][112]
Cohabitation prior to marriage is associated with higher divorce rates, which is called the cohabitation effect. Evidence suggests that this is partly due to selection (people more likely to divorce being more likely to cohabit, and cohabiting couples being more likely to marry with low levels of commitment) as well as the effect of cohabitation itself on the marital union. There is a consensus among researchers that both of these factors explain the cohabitation effect.[113]
One of the biggest divorce settlements reported to date, is that of English financier Sir Chris Hohn who was asked to pay £337m to his American wife Jamie Cooper-Hohn after a High Court ruling.[114]
NEW AMENDMENTS
Any marriage which is solemnized before or after the commencement of this act gives the right either to the husband or wife to file a petition for dissolution of their marriage by a decree of divorce on the ground that the other party;
a. Had voluntary sexual intercourse with any person other than his or her spouse after solemnization of the marriage.
1. after solemnization of the marriage treated the petitioner with cruelty
c. Has deserted the petitioner consistently for a period not less than two years immediately preceding the presentation of the petition.
d.Has ceased to be a Hindu by conversion or another religion.
e. Has been incurably of unsound mind or has been suffering consistently or intermittently from mental disorder to such an extent that the petitioner cannot be expected to live with the respondent.
Either partly to a manage may present a petition for dissolution of the marriage by a decree of divorce on the following grounds.
a. That there is no resumption of cohabitation between the parties to the marriage for a period of one year, or more after passing of a decree for judicial separation.
b. There has been no restitutions of conjugal rights between the parties to the marriage for a period of one year or more.
The wife can also file a petition for dissolution of her marriage by a decree of divorce, in case her husband had married again before the commencement of the Act and the other wife of the husband was alive at the time of solemnization of the marriage of the petitioner. The husband has since the solemnization of the marriage been guilty of rape or sodomy.
Section 13 of the marriage laws (amendment) Act 1976 specifies the grounds on which a decree for divorce may be obtained by either party to the marriage. A decree for divorce may be obtained if there is no reconciliation between the parties within a specified period after passing of a decree for judicial separation or if a decree for restitution of conjugal rights is not complied within a specified period.
What the Marriage Laws (Amendment) Bill proposes
Firstly let’s get one thing clear – this is a Bill (proposal) and not yet an Act (law). At this stage it has got the nod from Cabinet and will be introduced in parliament in the upcoming Monsoon session. This is a proposed amendment to the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.
The second clarification is that from what we understand the law is gender neutral – it will impact women as well as men.
The proposed law says that if a couple decides to dissolve their marriage, or even if one of them files for and obtains divorce, the wife will get half of everything that the husband owns. Equally the husband gets half of what the wife owns – marital property will be jointly divided. This includes not only what each of the spouses have earned, but also ancestral property – whether already inherited or inheritable.
The bill also recognizes the “irretrievable breakdown of a marriage” as a just grounds for divorce.
CASE LAWS
CASE LAWS: situations in Hindu marriage where a wife was held as ‘cruel’ to the husband and the Hindu divorce law was applied by the Supreme Court:
1. Mrs. Deepalakshmi Saehia Zingade v/s Sachi Rameshrao Zingade (AIR 2010 Bom 16)
In this case petitioner/wife filed a false case against her husband on the ground of ‘Husband Having Girl Friend’ which is proved as false in a court of law so it can be considered as cruelty against husband.
1. Anil Bharadwaj v Nimlesh Bharadwaj (AIR 1987 Del 111)
According to this case a wife who refuses to have s*xual intercourse with the husband without giving any reason was proved as sufficient ground which amounts to cruelty against husband.
III. Kalpana v. Surendranath (AIR 1985 All 253)
According to this case it has been observed that where a wife who refuses to prepare tea for the husband’s friends was declared by the court as cruelty to husband.
SUGGESTION
Though the amendments introduced in the penal code are with the laudable object of eradicating the evil of Dowry, such provisions cannot be allowed to be misused by the parents and the relatives of a psychopath wife who may have chosen to end her life for reason which may be many other than cruelty. The glaring reality cannot be ignored that the ugly trend of false implications in view to harass and blackmail an innocent spouse and his relatives, i.e. fast emerging. A strict law need to be passed by the parliament for saving the institution of marriage and to punish those women who are trying to misguide the court by filing false reports just to make the life of men miserable and ‘justice should not only be done but manifestly and undoubtedly be seen to be done’.
Research done at Northern Illinois University on Family and Child Studies suggests that divorce of couples experiencing high conflict can have a positive effect on families by reducing conflict in the home. There are, however, many instances when the parent-child relationship may suffer due to divorce. Financial support is many times lost when an adult goes through a divorce. The adult may be obligated to obtain additional work to maintain financial stability. In turn, this can lead to a negative relationship between the parent and child; the relationship may suffer due to lack of attention towards the child as well as minimal parental supervision.
Some couples choose divorce even when one spouse’s desire to remain married is greater than the other spouse’s desire to obtain a divorce. In economics this is known as theZelder Paradox, and is more common with marriages that have produced children, and less common with childless couples.
. In the first study conducted amongst 2,000 college students on the effects of parental relocation relating to their children’s well-being after divorce, researchers found major differences. In divorced families in which one parent moved, the students received less financial support from their parents compared with divorced families in which neither parent moved. These findings also imply other negative outcomes for these students, such as more distress related to the divorce and did not feel a sense of emotional support from their parents. Although the data suggests negative outcomes for these students whose parents relocate after divorce, there is insufficient research that can alone prove the overall well-being of the child[42] A newer study in the Journal of Family Psychology found that parents who move more than an hour away from their children after a divorce are much less well off than those parents who stayed in the same location[43]
CONCLUSION
Many divorce cases end in a reconciliation of the parties. If there is viability in your marriage and a chance to save it, we will be pleased to recommend marriage counselors to you and assist you in every possible way to affect this reconciliation. If, on the other hand, you believe the marriage is over, we will do our utmost to obtain a Judgment of Divorce that is satisfactory to you. As divorce proceedings today are difficult, and extensive work may be necessary, we use a team effort: appraisers and accountants are very helpful in structuring complex resolutions
A number of clinical and empirical studies have concluded that one of the most toxic factors contributing to the immediate and long-term negative outcomes for children is ongoing conflict between parents before and after divorce. These studies are very clear in their conclusions about the dangers to children of exposure to high conflict between their parents, but they are vague and inconsistent about how to define high conflict. One of the persistent difficulties in these studies is the lack of baseline measures for the “normal” level of conflict that one would expect in most divorcing families. Without this baseline, it is impossible to accurately determine the level of conflict that can be defined as “high conflict.”
REFERENCES
Books referred
Hindu Marriage Act, 1955 by Sukh Dev Aggarwal 2005 edtion
The Hindu Marriage Act, 1955 (Latest Bare Act) Private Publication
Family Law Lectures – Family Law I (English) 3rd Edition Paperback by Karan Sharma
Websites referred
http://www.prsindia.org/uploads/media/Marriage%20Laws/Marriage%20Laws%20Bill%20as%20passed%20by%20RS.pdf
http://en.wikipedia.org/wiki/American_Psychological_Association
http://www.lawyersclubindia.com/forum/LIST-OF-DIVORCE-JUDGEMENTS-ON-MENTAL-CRUELITIES-DONE-BY-WIFE-85793.asp#.VTON-iGqqkp
http://indiankanoon.org/search/?formInput=divorce%20cases%20%20+doctypes:judgments
http://www.legalserviceindia.com/laws/landmark_judgments.htm
http://www.studymode.com/subjects/conclusion-of-divorce-page1.html
https://www.mentalhelp.net/articles/introduction-to-divorce/
