Introduction
- India has the lowest divorce rate in the world, with only 1% of marriages ending in divorce. However, the divorce rate has been going up a lot yearly compared to the previous year.
- The increasing rate of divorce in modern society is really concerning. However, if the marriage is Irretrievably broken-down. The spouse may need to look into it but it is also important to explore the alternative paths before deciding on divorce.
- The rising divorce rate in contemporary culture is quite worrying. Nevertheless, if there is a continuous intolerable conflict in the partnership, before opting to file for divorce, the spouse may choose to explore alternative paths. I tried to give some insights in this blog.
Talk and Resolve :
First, try to work out rather than deciding on Divorce – Sit, talk openly, and interact with each other. Try to understand your partner’s concern, each individual should understand how can they strengthen the relationship.
Understand and realize the consequence of divorce. Consider the impact of divorce on other aspects of your life, such as finances, children, family relationships, and social support systems. Assess if there are alternative solutions that can address concerns without resorting to divorce.
Get other’s help :
1. Seek advice from trusted friends, relatives, or healthcare experts who have had prior experience with couples counselling. Their first-hand suggestions can be really beneficial.
2. Look for Therapists Who Specialising in Couples Therapy or Marriage Counselling. Examine their biographies, credentials, and areas of competence. Consider their expertise and training in working with couples who are experiencing similar difficulties.
Judicial Separation
If in any manner if both spouses think that the marriage is irrevocably damaged, instead of divorce they can opt for Judicial separation.
What is judicial separation?
– It is a legal procedure in which a married couple receives from the court a formal separation agreement while staying legally married.
– After the decree of judicial separation is passed by the court, there would be no obligation for the parties to cohabit with each other.
– The mutual rights and obligations arising from the marriage get suspended by the judicial separation, but the marriage is not altogether dissolved and there is a chance for reconciliation.
When to go for judicial separation?
Lack of Mutual Consent for Divorce: If there is an obvious breakdown in the marriage but neither partner is willing to consent to a divorce, judicial separation may be an option. It provides a legal foundation for living apart while keeping the marriage intact.
Temporary Resolution: When couples wish to address pressing concerns like domestic abuse, abuse, or financial disagreements, judicial separation may be the best option. Until a more permanent solution is found, it offers a temporary means of dividing and establishing legal rights and obligations.
Religious or Cultural Considerations: Due to religious or cultural views that forbid divorce, some people may prefer judicial separation to divorce. They can live apart while upholding their unique customs and values because of judicial separation.
Assessment Period: Divorcing spouses may use judicial separation to determine whether they are compatible and have a chance to get back together. It provides a time of solitude for couples to consider their marriage and assess the likelihood of working out problems and rebuilding the relationship.
It’s important to keep in mind that none of the parties are free to be married because the legal separation does not end the marriage.
If for one year after the passing of the decree of judicial separation, the parties do not start living together, then a divorce petition can be filed. The period of one year should be considered from the date of the original order of the court.
Conclusion
In the current situation, it’s significant for the spouse to explore alternative paths before choosing marriage.
If the spouses are opting for judicial separation its crucial to consult a competent advocate who can help according to their circumstances.
