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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