Should Divorce Laws be made Easier?

To prevent such discomfort, divorce laws should be relaxed to make it less painful for the concerned parties.

Adultery and Unreasonable Behaviour

Adultery and unreasonable behaviour are the common grounds under which divorces are usually filed. A person filing for divorce under this condition must have gone through an extremely difficult life during marriage. So, it is unfair to prolong the person’s suffering by having strict divorce laws that prevents them from escaping the situation. In lieu of all these facts, the government has to take measures to offer divorce for such people, without much delay and lengthy court procedures.

Disadvantages of the Current Divorce Procedure

The concept of divorce is not as easy as it seems. Here are a few hurdles faced by people opting for divorce:

1. Time Consuming

As every one knows, time is precious. It is difficult to balance your time between your professional life and divorce proceedings. Hence, a lengthy divorce tends to affect your professional life.

Some of the reasons for prolonged divorce proceedings are:

Cases that include high level complexities tend to drag on for months.

The process of divorce follows two stages namely decree nisi and decree absolute. It takes an average time of six to eight months to obtain decree nisi, even in the case of a straightforward divorce.

2. Tiring Divorce Procedures

The formalities and the procedures involved in divorce cases are tiring.

Children and women are most affected by the divorce proceedings. Children are emotionally affected by the tiring and delayed divorce procedures.

In many cases, relatives and friends are dragged into divorce proceedings as a witness. This might cause discomfort to others and tends to affect their future relationship with the divorcing person.

In case of contested divorces, the couple might blame each other in courtroom battles. Even the most private and sensitive issues concerning each party might be discussed openly in front of others.

3. The Cost Factor

The other factor that makes divorce tougher is the cost involved in it.

The cost involved in many divorce cases is comparatively high. Some even go to the extent of selling their home, car and properties towards divorce expenditure.

It is difficult to hire a good solicitor since they usually charge exorbitant fees. They charge on hourly basis and hence, longer the proceedings, higher the cost.

No-Fault Divorce Law

The no-fault divorce is a considerably simpler way to attain divorce. However, it has its own share of disadvantages. The petitioner usually has an advantage since he is already prepared for the proceedings. He might withdraw the money in joint account; close the credit cards, etc before his spouse is ready with her defence. Also, in a no-fault divorce, a person might end up paying high alimony and maintenance, even though he has not committed adultery or exhibited unreasonable behaviour.

Recommendations for Easing the Divorce Procedure

Many couples are hurt and affected by adultery and the unreasonable behaviour of their spouse. When divorce becomes tougher, they will have to face the bitter situation for a longer time. Hence, it is highly favourable to ease the laws in the best interest of the people involved in the proceedings. Here are a few areas where the divorce laws could be relaxed:

Laws should be formulated to encourage joint custody. This can help resolve most of the differences and pave the way for uncontested divorce.

The time involved in the divorce procedure must be reduced.

Laws should be relaxed in the cases of sharing assets and funds between the partners. The alimony and child support should be reasonable. While it helps to cover the expenses of one party, it should not drive the other person to bankruptcy.

Children should not be dragged to testify since it can affect them emotionally.

The Last Word

Marriage is a sacred relationship bound by love and trust. Indulging in adultery and abusing a partner can shake the basic foundation of marriage. Hence, when a couple decide to end their marriage, there is no point in having tougher laws to delay the process. It can only breed hatred and contempt.

Hence, divorce laws need to be relaxed. This can help people split in good spirits and remain friends even after the separation. This can help towards the healthy upbringing of children in the family and ultimately contribute towards a happy society.

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