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Divorce Problem

Istikhara Specialist

Divorce Problem Talaq Ka Masla also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling and/or reorganizing of the legal duties and responsibilities ofthe marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of alimony (spousal support), child custody, child visitation/access, parenting time, child support, distribution of property, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry a new husband.

Divorce should not be confused with the annulment, which declares the marriage null and void; with the legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

Divorce Problem Talaq Ka Masla The only countries that do not allow divorce are the Philippines, the Vatican City and the British Crown Dependency of Sark. The Vatican City is an ecclesiastical state, which has no procedure for divorce. Countries that have relatively recently legalized divorce are Italy (1970), Portugal (1975), Brazil (1977), Spain (1981), Argentina (1987), Paraguay (1991), Colombia (1991), Andorra (1995), Ireland (1996), Chile (2004) and Malta (2011).

Law of Divorce

Divorce Types

In some jurisdictions, the courts will seldom apply principles of fault, but might willingly hold a party liable for a breach of a fiduciary duty to his or her spouse (for example, see Family Code Sections 720 and 1100 of the California Family Code). Grounds for divorce differs from state to state in the U.S. Some states have no-fault divorce; some states require a declaration of fault on the part of one partner or both; some states allow either method.

In most jurisdictions, a divorce must be certified (or ordered by a Judge) by a court of law to come into effect. The terms of the divorce are usually determined by the courts, though they may take into account prenuptial agreements or postnuptial agreements, or simply ratify terms that the spouses may have agreed to privately (this is not true in the United States, where agreements related to the marriage typically have to be rendered in writing to be enforceable). In absence of agreement, a contested divorce may be stressful to the spouses.

In some other countries, when the spouses agree to the divorce and to the terms of the divorce, it can be certified by a non-judiciary administrative entity. The effect of a divorce is that both parties are free to marry again.

Contested divorce

Contested divorces mean that one of several issues are required to be heard by a judge at trial level—this is more expensive, and the parties will have to pay for a lawyer’s time and preparation. In such a divorce the spouses are not able to agree on issues, for instance, child custody and division of marital assets. In such situations, the litigation process takes longer to conclude. The judge controls the outcome of the case. Less adversarial approaches to divorce settlements have recently emerged, such as mediation and collaborative divorce settlement, which negotiate a mutually acceptable resolution to conflicts. This principle in the United States is called ‘Alternative Dispute Resolution’ and has gained popularity.

At fault divorce

Before the late 1960s, nearly all countries that permitted divorce required proof by one party that the other party had committed an act incompatible to the marriage. This was termed “grounds” for divorce (popularly called “fault”) and was the only way to terminate a marriage. Most jurisdictions around the world still require such proof of fault. In the United States, no-fault divorce is available in all 50 states, as is the case with Australia, New Zealand, Canada and other Western countries.

Fault-based divorces can be contested; evaluation of offenses may involve allegations of collusion of the parties (working together to get the divorce), or condonation (approving the offense), connivance (tricking someone into committing an offense), or provocation by the other party. Contested fault divorces can be expensive, and not usually practical as eventually most divorces are granted. Comparative rectitude is a doctrine used to determine which spouse is more at fault when both spouses are guilty of breaches.

The grounds for a divorce which a party could raise and need to prove included ‘desertion,’ ‘abandonment,’ ‘cruelty,’ or ‘adultery.’ The requirement of proving a ground was revised (and withdrawn) by the terms of ‘no-fault’ statutes, which became popular in many Western countries in the late 1960s and early 1970s. In ‘no-fault’ jurisdictions divorce can be obtained either on a simple allegation of ‘irreconcilable differences,’ ‘irretrievable break-down’, or ‘incompatibility’ with respect to the marriage relationship or on the ground of de facto separation.

Summary divorce

A summary (or simple) divorce, available in some jurisdictions, is used when spouses meet certain eligibility requirements and or can agree on key issues beforehand.

Key factors:

  • The short duration of marriage (less than 5 years)
  • The absence of children (or, in some jurisdictions, prior allocation of child custody and of child-support direction and amount)
  • Absence or minimal value of real property at issue and any associated encumbrances such as mortgages
  • An absence of agreed-as-marital property above a given value threshold (around $35,000 not including vehicles)
  • Absence, with respect to each spouse, of claims to personal property above a given value threshold, typically the same as that for a total marital property, with such claims including claims to exclusive previous ownership of property described by the other spouse as marital
Electronic divorce

Portugal, for example, allows two persons to file an electronic request for no fault collaborative divorce in a non-judiciary administrative entity. In specific cases, with no children, real property, alimony, or common address, can be completed within one the hour.

Polygamy and divorce

Polygamy is a significant structural factor governing divorce in countries where this is permitted. Little-to-no analysis has been completed to explicitly explain the link between marital instability and polygamy which leads to divorce. The frequency of divorce rises in polygamous marriages compared to monogamous relationships. Within polygamous unions, differences in conjugal stability are found to occur by wife order. There are 3 main mechanisms through which polygamy affects divorce: economic restraint, sexual satisfaction, and childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate a divorce.

Causes

An annual study in the UK by management consultants Grant Thornton estimates the main proximal causes of divorce based on surveys of matrimonial lawyers.

The main causes in 2004 were:

  • Adultery; Extramarital sex; Infidelity – 27%
  • Domestic violence – 17%
  • Midlife crisis – 13%
  • Addictions, e.g. alcoholism and gambling – 6%
  • Work a holism – 6%

Effects

Some of the effects associated with divorce include academic, behavioral, and psychological problems. Although this may not always be true, studies suggest that children from divorced families are more likely to exhibit such behavioral issues than those from non-divorced families.

Divorce and relationships

Research done at Northern Illinois University on Family and Child Studies suggests that divorce of couples experiencing high conflict can have a positive effect on families by reducing conflict in the home. There are, however, many instances when the parent-child relationship may suffer due to divorce. Financial support is many times lost when an adult goes through a divorce. The adult may be obligated to obtain additional work to maintain financial stability. In turn, this can lead to a negative relationship between the parent and child; the relationship may suffer due to lack of attention towards the child as well as minimal parental supervision

Studies have also shown that parental skills decrease after a divorce occurs; however, this effect is only a temporary change. “A number of researchers have shown that a disequilibrium, including diminished parenting skills, occurs in the year following the divorce but that by two years after the divorce re-stabilization has occurred and parenting skills have improved”

Some couples choose divorce even when one spouse’s desire to remain married is greater than the other spouse’s desire to obtain a divorce. In economics, this is known as the Zelder Paradox and is more common with marriages that have produced children, and less common with childless couples.

In an American Psychological Association study of parents’ relocation after a divorce, researchers found that a move has a long-term effect on children. In the first study conducted among-st 2,000 college students on the effects of parental relocation relating to their children’s well-being after divorce, researchers found major differences. In divorced families in which one parent moved, the students received less financial support from their parents compared with divorced families in which neither parent moved. These findings also imply other negative outcomes for these students, such as more distress related to the divorce and did not feel a sense of emotional support from their parents. Although the data suggests negative outcomes for these students whose parents relocate after divorce, there is insufficient research that can alone prove the overall well-being of the child A newer study in the Journal of Family Psychology found that parents who move more than an hour away from their children after a divorce are much less well off than those parents who stayed in the same location

The divorce of elderly couples

Since the mid-1990s, the divorce rate has increased to over 50% among baby boomers. More and more seniors are staying single; an analysis of census data conducted at Bowling Green State University predicted that divorce numbers will continue to rise. Baby boomers that remain unmarried are five times more likely to live in poverty compared to those who are married. They are also three times as likely to receive food stamps, public assistance or disability payments.

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