Various Types of Divorce
By: Vikas Gupta | Posted: 14th April 2011
There are two types of Divorce Lawyer in India. A petition for divorce could either be contested or uncontested i.e. mutual consent. 95 % of all cases that are filed in India today are “contested” in nature. That is one of the primary reasons why we see most cases stretch on for years together. When choosing between the types of divorce, it helps to first establish whether both parties are in agreements over the many terms and conditions of the separation. The decision of the type depends to a large extent on how congenial are the terms between both parties.
An uncontested settlement is far simpler as both parties agree with the terms of separation. Under Hindu law, this sort of a separation can be filed for if a couple has been living apart for over a year and mutually decide to file a petition in their local court. Along with the uncontested petition, evidence must be submitted to show that the couple has been living separately for over a year. They are then given a six month time period by the court to reconcile their differences.
Opting for the contested method is usually a messy and expensive affair, usually filled with allegations of adultery and cruelty. Women especially who been found to attribute their decision to separate on these reasons. This can be a long drawn and expensive battle which is high in cost and emotional trauma. A petition is contested when one of the partners files for divorce on the grounds available to him/her, and the other does not agree to this separation, or challenges the grounds on which the other partner seeks to obtain it.
Though divorce laws vary among jurisdiction, there are two basic approaches to divorce: fault based and no-fault based. However, even in some jurisdictions that do not require a party to claim fault of their partner, a court may still take into account the behaviour of the parties when dividing property, debts, evaluating custody, and support.
No-fault divorce
Divorce requires no allegation or proof of fault of either party. 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 destroyed 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.
At-fault divorce
Prior to the late 1960s, nearly all countries which permitted divorce also 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.
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.
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