The concept of marriage, which is sacramental, creates a permanent and holy union between two people. Modern conceptions of marriage are different than the ones of the past and reflect the ideals for liberty and equality. Marriage is thus a mix between contract and sacrament. The union is a form of communion. This creates a relationship that both parties can build. Each party has certain marital responsibilities that must be met. It can lead to conflict between the married couple and cause them to want to leave. This can lead to separation.
What’s mutual divorce?
Divorce refers to the legal dissolution by a court or another competent body of a marriage. There are many ways one could get divorced. However divorce at mutual consent seems to be the most preferred and practical. This theory states that consent from the spouses to the marriage must be given. In this theory the term ‘consent‘ refers to both parties’ opinions in favor of the same. It is when they are able to agree between themselves that they will no longer be able live together. They come to an agreement with one another and decide that they are ready to leave each other. They realize that they don’t wish to live with each other anymore. Therefore, the best option is to seek divorcement for them to both be in a better area and environment. This theory holds that husbands and wives should file a jointly filed petition for divorce through mutual consent. They will need to consult a lawyer in family courts.
Mutual contested divorce
Commonly preferred, mutual divorce is distinct from contested. A contested divorcement does not require consent from either of the spouses. A contested divorcement is one where the divorce can be filed against any party. These divorces may also include grounds from cruelty, infidelity, or bigamy. In contrast, mutual dissolution is one that is free of any allegations against either side or the blame for the other. One of the major differences between the two is their time frames. It takes approximately 18-24months to obtain divorce by mutual agreement and almost 3-5years for contested divorcing, depending on the facts.
Across all the world
The definition of divorce can vary from one country to the next. Different laws and procedures are available for divorce in different nations. Every nation allows each citizen to file for divorce regardless of the circumstances. This excludes the Philippines, where Muslims have the right not to be divorced. Vatican City does not follow any divorce law. These countries are able to annul marriages. Annulment in marriage is an entirely different concept from that of divorcing. Annulment makes marriage null. Divorce is a method of ending a marriage. While both concepts can result in the same outcome, the difference is whether or not the status marriage existed. Annulment refers to the annulment of marriage.
Procedure
India does not allow divorce unless the following procedures have been followed by the divorcing parties.
Apply for mutual divorce
1) The first, a joint petition should be filed between the parties to seek divorcement by mutual consent.
2) Both the petitioner and the filer must appear in front of an honorable court.
- The court shall examine the petition and make an order recording the statements of all parties under oath.
4) The first motion must be passed before the second one can be made.
5) This is followed up by a second motion and the final hearing.
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