Divorce Guide

Does it matters where I Get Divorce ?

Divorce or break up of marriage is the final dissolution of marriage end to the relationship which is said binds two souls, canceling the legal duties and responsibilities of marriage and dissolving the threads of wedlock between the couple. Divorce is never, an easy situation, it’s the phase which no one wishes to pass through. There are many conditions to consider, on top of the emotional stress one has to overcome before, during, and after the whole ordeal. The situation after ordeal does depend on many factors like the area of divorce, culture the couple belongs to.

In most countries divorce requires a legal permission of a judge or other authority in a legal process. Different societies have their different rules for separation irrespective of the area they are living they need to follow. In contrast with the societies living different countries hold several laws for the divorce based on the rituals and the followings of the societies.

In U.S.A Divorce laws are different for each state. There are mainly three types of divorce. Different states follow their own state divorce laws.

1. Absolute Divorce : An absolute divorce is a breakup of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony in which both parties' status becomes single again. In this the person needs to show some evidentiary proof of misconduct.
2. Limited Divorce : Many governments authorize limited divorces. The effect of limited divorces depends on the place or region. Typically, a limited divorce is many times referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.
3. No Fault Divorce :No fault divorce law eliminates requirement of a proof by providing for the dissolution of a marriage on a finding that the relationship is no longer viable.

In India different religions have different divorce laws for Hindus divorce under the Hindu Marriage Act 1955 can be obtained on the grounds of Adultery, Cruelty, Desertion for two years no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights For Parsees there is a Parsee Marriage & Divorce Act, 1939 which governs the provisions of their marriage and law and for Indian Christian there is a Indian Christian Marriage Act 1889. People of any religion who get wedded under the Special Marriage Act, 1954 are governed by the said act. There are many penal laws and clauses in the Criminal Procedure Code which provide rights for the wife and punishment for bigamy.

While a Muslim husband can divorce his wife without any reasons merely by pronouncing thrice the word "Talak". However for a Muslim woman to be divorce certain conditions hold there importance. No matters of which country a Muslim can divorce his wife just on the pronunciation of the word “Talak”.

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