Is there an alternative to divorce? How do I avoid divorce? Getting a divorce in India is not that easy step. You need to be prepared psychologically, physically, financially, socially, and every other way. There can be various reasons behind not breaking a marriage and questing for some other alternatives to divorce. Either it can be due to societal pressure, some emotional attachment, financial crisis, or some other reason. Dreadful divorce proceedings always haunt the parties due to protracted and expensive nature. But there are certain things to do before getting a divorce. Not to worry, there are different provisions available which can be opted in these situations. If someone needs to settle the matter outside the court either for restituting the relation or for deciding various divorce issues with the help of a mediator. You can also take time by staying separate for a while under court discretion and then decide further. Luckily one more option is there to nullify the marriage when either of the spouses is cheated or married coercively. And at last if you can see that the relation is completely a mess and therefore irretrievable, consulting an expert divorce lawyer is going to be a wiser choice. MediationOne economically convenient alternative to the uncertainty of long-running divorce procedures is mediation. Industrial Disputes Act, 1947 governs the mediation in matrimonial disputes. Here a neutral third party is being hired who acts as a mediator. Here two parties will identify the issues, negotiate and then proceed further to reconcile the matter (child custody, visitation rights, maintenance, distribution of assets, etc). A mediator is the one to facilitate the process and not the one to make decisions on your part. It can be of two types.
Mediation can be either mediation in divorce or marital mediation. Divorce mediation procedure will help both parties decide on the contentions and settle them. Marital mediation is an effort towards saving a marriage and staying married. Annulment Is there any way one can quash a marriage? The court can nullify a marriage on certain grounds when one of the spouses is being cheated. But the conditions are there that the aggrieved party must prove the marriage to be void or voidable. Annulment is to declare that marriage never existed or was void. The grounds for annulment include
So these all can be the basis for an annulment which ultimately proves your marriage null legally. The major difference between annulment vs divorce is annulment erases the record of marriage from your life while divorce is going to show the history of a legal marriage. Legal SeparationIn India, the sanctity of marriage is at its highest. There are communities where divorce is a total disgrace. For those whose life is greatly influenced by culture beliefs or societal pressure, legal separation is an alternative to choose. For those who are a bit confused regarding is separation the same as divorce, we may help you be clear the ambiguities. This avoids the termination of marriage but allows the couple to live separately. Besides that, the ones who want to restitute the healthy relations and revive the marriage, legal separation is an optimum solution then. The difference between separation vs divorce is that divorce dissolves the marriage which entirely terminates the couple’s relation as husband and wife. While in separation, both the spouse can live separately and that separation can act as a ground for divorce in future if both the parties give their consent to finally end the marriage legally and start a new chapter further. This can be one of the alternatives to divorce for older couples. Separation can be of two types further.
Co-Parenting Withal to both the spouses suffering during a divorce, agonies become much when there are children. Keeping aside all the dissensions, parents have the choice to put an effort for an affectionate and healthy upbringing of their child. Co-parenting, platonic parenting, or parenting marriage is a legal remedy in which the two parents come together to raise the child with complete parent support and affection without being romantically involved. During co-parenting, the two parties are not answerable to each other and even if they are willing to separate or remarry, they can do so after the child has attained adulthood. Conclusion“A relationship is a two-way street. Don’t settle with being the only one trying, because if you do you’ll just end up on a dead-end road.” Bryan Burden. We strongly support the institution of marriage but not a wretched one. These alternatives can be opted instead of divorce.
3 Comments
7/14/2022 10:55:34 am
Luckily one more option is there to nullify the marriage when either of the spouses is cheated or married coercively. I truly appreciate your great post!
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7/14/2022 11:17:54 am
This avoids the termination of marriage but allows the couple to live separately. Thank you for the beautiful post!
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6/23/2023 02:35:30 pm
While in separation, both the spouse can live separately and that separation can act as a ground for divorce in future if both the parties give their consent to finally end the marriage legally and start a new chapter further. I truly appreciate your great post!
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