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.
India
With 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.
Australia
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.
United States
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.
Philippines
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.
Well, this is all I can say to all the people who got married and then filing a divorce case.. Why commit each other if you still want to separate each other? SMH.. www.aswdlaw.com/practice-groups/private-client-group/domestic-relations/
ReplyDeleteThe religion in the Philippines is highly sacred that they do value marriage as an ever-lasting commitment. They believe that wedding is a commitment so they only allow annulment.
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