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  • What is the procedure for getting divorced?
  • How long will the divorce process take?
  • What will be the cost of divorce?
  • How the property will be divided?
  • Who will get the custody of the child/children?
  • How do courts decide parenting time?
  • Is it necessary to keep husband’s name after divorce?
  • What is the difference between legal separation and divorce?

Divorce is the total disintegration of a marriage union before the demise of either life partner. It includes the cancelation of legitimate obligations and exception from any past marital obligations or bonds between the said accomplices. After divorce, one's singlehood is legitimized and they are allowed to remarry.

Legal Seperation and Divorce are distinct concepts. Legal Separation is temporary in nature, whereas, Divorce is permanent and more severe in nature. Legitimate separation offers an entryway to decide on divorce, if the distinctions turn out to be beyond reconciliation. With an invalidation in marriage, there is no optional methodology to experience.

To put things simply: Legal Separation – Marriage is in coma

Divorce – Marriage is dead

India earlier had a very extremist view of the concept of divorce. Now that perception is slowly changing. Indian judicial system employs several policies to regulate the process of divorce. Usually it takes a period of 12-18 months for the process of divorce to get completed. Divorce rates in India are very low. Around 11 marriages in 1000 marriages that is approximately 1 in every 100 marriages ends up in a divorce. There are several policies which speak of divorce, the prominent ones are-

  • The Hindu Marriage Act 1955
  • The Parsi Marriage and Divorce Act 1936
  • The Dissolution of Muslim Marriage Act 1939
  • The Special Marriage Act 1956
  • The Foreign Marriage Act 1969
  • The Indian Divorce Act 1869

Muslims are ruled by their own laws under which Nikah (marriage) is a contract. It can be temporary or permanent with the provision for a man having up to 4 wives on the condition that he treats all of them equally.

Hindus, Jains, Sikhs, and Buddhists are governed by the Hindu Marriage Act. Parsis are governed by the Parsi Divorce Act, Muslims by the Dissolution of Muslim Marriage Act 1939, Christians by the Indian Divorce Act.

There are several grounds for divorce, some of them (apart from mutual agreement) are-

  • Adultery
  • Cruelty
  • Impotency
  • Venereal Diseases, etc.

Getting a lawyer is highly advisable in instances of divorce as the issue of alimony is involved with divorces.

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