What are the issues solved with a divorce?
From the legal view, divorce would consist of three issues. Divorce would give both the partners the legal right to marry anyone else. It would result in division of property and taking care of debts if any. The last but very often the most important issue is who would have the child custody rights.
When can you represent yourself in the court?
Divorce is a tricky issue. All persons have the legal right to represent themselves in the court, without the help of a lawyer. But is your divorce a contested one or an uncontested one? An uncontested divorce is one where both the spouses agree on matters relating to property disputes and debts, child custody, and visitation rights. if you are dependant on your husband financially then it would be advisable for you to get the help of a lawyer to settle money matters. If your marriage has been rocky with a lot of disagreements between you and your spouse then there is a every possibility of you needing a lawyer for a divorce.
What is a no-fault divorce?
Divorce was customarily granted on the basis of domestic violence or adultery. It then became nasty with both the partners going to court and to establish their charges, pointing accusatory fingers at each other. While the 'innocent' spouse was rewarded for maintaining loyalty in the marriage, the 'guilty' spouse was punished by being denied visiting rights and getting a smaller share of property. In a no-fault divorce the marriage is terminated just for the simple reason that the partners feel they cannot co-habit under the same roof as husband and wife. In this form of divorce partners can part amicably.
What are the advantages of a no-fault divorce?
This enables both the partners to save on time and money. Without any evidences required to establish infidelity or physical abuse, the procedure for getting a divorce becomes much faster and cheaper. Visits to your lawyer would be fewer and hence lighter on your purse.
What are the documents needed to process a divorce?
You would need the following documents to process your divorce. A marriage license, birth certificates of both the spouses, in case you live abroad- immigration and naturalization documents, any written agreement between husband and wife, birth certificates of all children, documents relating to any prior agreements, all documents leading to financial and property matter.
What if you are unable to file for a divorce?
Then you should think of annulment. Annulment is making a determination that you never had a void marriage. Some possible causes for annulment of marriage are if your religion does not permit divorce, if your marriage occurred when either or both the spouses were below the legally permissible age and if either of the spouse commits bigamy, or is mentally incompetent. It is necessary to consult a lawyer incase you wish to get an annulment. Child custody, property rights and alimony are decided upon.
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