by Simone Weaver.
Divorce is tough.
Divorce is tough.
No matter what anyone says, there are plenty of emotional grievances to deal with as it is; throw in the legalities of divorce law and you have a situation that can quickly become very hard to deal with. Regardless of where you are in the world, each country has its own set of laws when it comes to separation and divorce, and it can actually be interesting to find out the stances different countries have when it comes to divorce. Here are a few ways in which divorce laws differ from country to country across the globe.
IndiaWith one of the highest populations in the world, it's easy to understand why divorces in India can take between three and four years for the civil court to reach a verdict. Both husband and wife can file for divorce in India, and the person filing for divorce must obtain mutual consent from his or her partner before the divorce process can begin, and from there it can take months for the civil court to hear the case. If the divorce is granted, the court will decide on any financial compensation that is to be paid. Be aware, though: remarrying before the court renders a final verdict is regarded as a criminal offence in India, and punishable as such.
In Australia, there is plenty of information available about the divorce process and parties can even file for a divorce online. The person filing for divorce does not need to obtain a signature from their spouse or partner before submitting an application; if their partner wishes to oppose the divorce, they must submit a Response to Divorce application and are still expected to be present on the hearing date. When it comes to Court, you must be able to prove that you and your spouse have been living separately and apart for at least 12 months (you can still live in the same home, however). Also, granting of a divorce by the Court does not include factors like financial arrangements, child support, and the dividing of assets - these arrangements must be filed in addition to the divorce application. When in doubt, using an experienced law firm (think Central Coast family lawyers like Watts McCray) to help settle assets.
Unlike Australia, India and China, divorce laws are not uniform across the country; instead, divorce laws vary from state to state, and it is important to do as much research as possible into divorce laws in the state you live in before planning to file for divorce. In the US, there are also different types of divorce which you can file for: at-fault, no- fault, summary, uncontested, collaborative, and mediated. Before deciding which type to select, it is important to research your state's laws again. From here, unlike Australia, financial assets and incomes must be declared; the judge will use these to decide on how to divide the assets as equally and fairly as possible.
The Philippines is one of only a handful of nations around the world that does not allow divorce. You must instead apply for a marriage annulment, even if you obtained a divorce overseas.
Simone Weaver is a mother of three who hopes she will never have to go through the tricky business of divorce law.