The blame game in divorce- too mainstream

Marriage is the purest bond of two individuals who finds themselves as a perfect match for spending life together. Though with few meetings it is tough to decide whether the person is right for you or not. There are times when individuals take marriage decisions in a hurry which further needs to be reconsidered.

Marriage if done with legal procedure requires the legal procedure to end it. In order to end a marriage, divorce is the only option that one can opt for. Though earlier there were a lot of formalities that made the process of divorce pretty tough. Earlier as per the conventional method, there were limitations and requirements for the law to grant the divorce. However, still, more than 50% of marriages end up with divorce or separation.

The person who is filling the divorce request should provide a valid reason for the divorce and both individuals should agree on the same grounds to proceed with the divorce. The majority of marriages are broken because of infidelity, lack of communication, money, intimacy issues, addiction, and domestic violence.

What are the stages of Divorce?

According to the stats, 60% of the divorce involves individuals of 25-39 years of age. Divorce requires to be approved legally which is why both individuals are required to follow a set of steps in order to have a smooth filing and process of divorce. Below are the six steps of divorce that need to be followed.

1. Filling the divorce petition

Any spouse can file for a divorce petition. There is no rule for both parties to agree to the divorce. However, the process should be followed as per the legal terms. It is required to file a legal petition asking the court to dissolve the marriage. The below-mentioned points are required to be included in the information:

● A statement informing the court about the state’s residency requirements for divorce
● Legal reason or reasons for the divorce
● Any other supporting information which the state requires

2. Asking for temporary orders

Depending on the circumstances the court offers a temporary order. The officials will look for the issue which the spouse goes through if they are independent and accordingly the court will proceed with the hearings and decisions.

3. Serve your spouse and wait for a response

In the next step, the spouse who has filed the application for divorce has to share all the documents and information with the partner and wait till their response. Based on their response the procedure will be followed.

4. Negotiate

Next, if both the parties fail to find a common ground at first, then it is required to negotiate and agree on some point so that the court can proceed with the proceedings. Until and unless both the spouses agree on some point there will be no hearings further.

5. Divorce trial

In case both the spouses don’t find any common ground to settle on, then the court will interrupt and offer a solution for both parties. The courts offer divorce trials which are costly and time-consuming. While the negotiation option is simple and cost-effective.

6. Finalizing the judgment

Now based on the negotiation or the trial the judge will pass a judgment of divorce. The judgment will include the custody, parenting time, and all the other divisions as the final statement which needs to be followed by both the spouses.

These are the six stages of filing a divorce. Though following the old conventional method can be very time-consuming. It not only affects the life, but it also affects the pocket of both individuals as it can proceed for years until the judgment is passed.

The Blame Game in Divorce

When the divorce proceedings take place, the majority of couples tend to blame their partner for the issue which led to divorce. It has been observed in most of the cases of divorce that couples tend to blame each other which in the end does not help the court in presenting the result.

The blame game makes it tough for the judges to decide and proceed with the hearings of the court. However, to avoid the blame game both the individuals can settle on some point and proceed with the legal procedure. This mutual understanding can make things easier for both and can make their path separate. ‘

Though many couples do not find a common point to settle on. Looking at the scenarios many countries have changed their laws and made it easy for couples to get divorced. The United States will follow the new law of “no fault” divorce, wherein there is no requirement of blame to prove or dissolve the marriage. Take a look below and understand the new law.

No Blame Game

According to the new law, both individuals without having to cite blame can divorce. They are no longer required to rely on the facts including adultery, behavior, 5 years separation, 2 years separation with consent, or desertion.

No consent for the application

As the blame game is removed, consent for the divorce application is also not necessary. The new law will offer cost-effective divorce that can be beneficial for both parties. Other than this, divorce now will take less time as compared to the conventional method.

Though the application can still consent on the grounds of the validity of the marriage. The law has fixed criteria for that. The validity of marriage should fall under the defined bracket in order to get contested.

New Option for Joint Application

According to the conventional law, only one party can apply for the divorce and that too one spouse can apply for it. However, with the new law, the system will allow both parties to apply for divorce on a joint and amicable basis.

Changes in the language used

The language that has been used for the proceedings or hearing will be changed. Currently, the first stage is referred to as “Decree Nisi”, which will be changed to “Conditional Order”. Similarly, the final stage is known as “Decree Absolute”, which will be referred to as “Final Order”.

The changes in the languages will simplify the process for every citizen of the country.

Several countries are adopting changes in the system to make it easier for married couples to live peacefully. Another add-on to make the process easier, some countries have adopted online applications for divorce. Now any one of the parties can apply for the divorce simply by sitting at their home.

They can even hire a lawyer for ease in proceeding further with the case. The lawyer will help in getting the divorce and easy settlement on both sides. It is always recommended to share details with the lawyers as they will be presenting you in court. Any false or missing information can affect the hearing of the court that can even result in favor of the other side.

When will the changes be applied?

It is expected that the changes in the law will be applied to use from 6th April 2022. Though there has been a delay since the mentioned date which was autumn 2021. The Ministry of Justice is working on updating rules, court IT systems, and forms that will be required to support the new law.

Final Words

Staying away from toxicity is always a better option to choose. Many individuals fail to separate themselves from their toxic partners. While some fail to understand and adopt the conventional method of divorce. However, looking at the complexity and the blame game during the divorce proceedings. The government has taken action and has implemented new changes in the law. The new law will make it easy for every individual to separate themselves within a limited time period. Other than this it will be cost-effective.

Ankit Kumar Sharma
Experienced Account Strategist with a demonstrated history of working in the Information Technology and services industry. Skilled in E-commerce, Communication, Strategy, Digital Marketing, Growth Hacking, and E-commerce SEO. Digital Advertising, Marketing & Sales are my passion & I love what I do, I breathe it. I want to explore more, learn more, try different tools, hacks with various campaigns.

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