The Legal Issues Of Divorce
The divorce is the termination of a marriage contract which cancels the legal rights and the responsibilities of the marriage dissolving the bonds of matrimony between the partners. The legal procedureof divorce may engagethe issues of financial support to the spouse, child custody, financial support ofchild, distribution of property and division of debtbetween the partners. The places followingmonogamy law, the divorce allows each former spouse to marry another person whereas the places following polygyny law but not polyandry, the divorce allows the woman to marry another person. The most important part of the legal divorce process is the divorce lawyers. The divorce hasbecome an integral part of the law since the basic requirements of the people belonging to different religions in the same country. Muslims follow the divorce pattern as allowed by their own religion and the divorce lawyers acting in the Muslim laws do not have that much importance compared to the other nations since the legal rights have been provided to both the spouses.
In Pakistan, the legal law following the Britain law since the establishment of the country is an amalgam of both the traditional rules and the Shariat law that is an integral part of the religion. There are many types of divorce in the western law. The divorcecan be based upon the legal rights, custody of children, division of and other requirements of the partners. In most establishments, a divorce must be certified by a court of law or a judge to come into effect and it is mostly helped out by the divorce lawyers. There are different types of divorce in the western law. First is “no fault divorce” in which the jury does not require any allegation or proof of fault of either of the party. Courts will not be interested in inquiringin to the facts. The second type is the “at fault divorce” in which the courts might require proof by one party that the other party had been involved in an act which is incompatible to their marriage.
These acts are normally termed as the faults of one or both the parties. The thirds is the “summary divorce” which is available in some jurisdictions and is eligible when both the spouses meet certain eligibility requirements, or can agree on key issues beforehand like the factors of short term marriage, no children,minimal or no real property etc.The fourth type is “uncontested divorce” in which both the parties are able to come to an agreement either with or without the divorce lawyers, mediators or collaborative advice about their concerned property, children, and financial support issues. The fifth type is the “collaborative divorce” in which a method is devisedfor divorcing the couples in order to come to agreement on legal divorce issues. The divorce issues are related in different countries on different grounds based upon mainly on their religious requirements. Hence, the legal concerns of the marriage termination are followed under a certain verified law.
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