What is divorce?A divorce in common parlance refers to a legal dissolution of marriage leaving both parties free to remarry.
How is a divorce obtained?A divorce could be either obtained by a decree by a court or by voluntary agreement between the parties. A couple can end their relationship by mutual agreement and get away from the embarrassing and undesirable court proceedings.
What are the various grounds for divorce?The parties cannot part without attributing a reason. Hence, they have to state reasons for filing a petition to divorce, such as adultery, physical cruelty, mental cruelty, attempted murder, desertion, habitual drunkenness, use of addictive drugs, insanity, impotency (usually unknown to the partner at the time of marriage), and venereal disease, which forms valid grounds for a legal separation/divorce.
In the event of divorce, how are assets divided among the parties?Assets accumulated before the marriage, as well as assets acquired during the marriage, are subject to a division between spouses, depending on the laws of the state granting the divorce. Prenuptial agreement often comes as a pragmatic solution in protecting the assets earned before the marriage. An equitable share may give one spouse more or less than half of the assets depending on a number of factors like length of marriage, conduct during marriage, contribution toward the acquisition and preservation of the assets, income, education, health, age, and so forth.
|