With a topic as controversial as Divorce, its often difficult to separate fact from fiction. There is so much of information floating around the internet but the biggest problem is that it is based on anecdotal descriptions. Apart from being misleading, false information can also deter men and women from getting help keeping them in failing relationships.
Myth # 1 Both Spouses Have to File for Divorce
A mutual consent divorce is when both the spouses approach to the courts together for a divorce. If that is not possible, the laws give you the right to file for divorce without the consent of your husband/wife. If your spouse is unwilling, or you have been deserted you can approach the court with a petition of divorce.
Myth # 2 The Divorce Can Be Denied
When a couple or individual approaches the court for a divorce, it is not a question of “if” but a question of when the divorce will be granted. The proceedings in the court are held to work out the conditions for the separation, child custody, financial aspects or any other factors of the marriage. It is only in very rare instances where the courts deny the petition; for eg in contested divorce cases where there is a lack of evidence to prove desertion or cruelty.
Myth # 3 Divorce Rulings Always Favour Women
Given the Indian culture and societal practices, many of the laws are written to safeguard women’s interests. However, that certainly doesn’t mean that divorces put men at a disadvantage. A common misconception is that men are always liable to pay alimony or child support; this is not true. The financial settlement takes into consideration the financial standing of the couple and there have been plenty of cases where the courts have found that the wife pay a alimony to the husband. Similarly, for child custody; both men and women have been able joint or sole custody of the children post divorce (depending on the particulars of the case).
Myth # 4 You Have to Wait 1 year before your divorce is Granted
There used to be some truth to this; previously a couple was required a to observe a mandatory “cooling-off” period – the courts advised the couple to attempt reconciliation in this time. This period was reduced to six months for a couple of years ago. As of 2020 this has been further converted into a “discretionary” rather than a mandatory period. Couples are no longer forced to attempt a reconciliation, the period is waved off in mutual consent cases under special circumstances; however they have the option to do so if they desire
Myth # 5 All Financial Assets Are Split Evenly
This is not the case, there is no one formula for a financial settlement post divorce. Whether opting for a one time settlement to regular alimony payments, the amount is only awarded to provide for a similar status of life for the husband/wife. It is not designed to provide exponential financial advancements.
getmeadivorce.com has been set up with the intention of providing not just a safe space for people seek legal help and guidance for family and divorce related matters, but also a platform that provides you with the correct information required for you to make an informed decision about your future. We firmly believe that having the right information and guidance can in the best case scenario help save your relationship or at the very least secure your path to new beginnings.