Divorce Risk Analysis

Divorce is the dissolution of marriage in a legal manner sanctioned by a competent court. It is not just a legal phenomenon but a psychological occurrence as well. It triggers a whole lot of risks for either or both the partners like depression because of loneliness, radical changes in the lifestyle, loss of hope, loss of children, etc. Nonetheless, the rate of divorce is still pretty low in India.

The Affected People

 The children (if any);

 The partners themselves;

 Parents of both the partners;

 Siblings of both the partners.

Reasons behind Divorce

 Woman unable to bear child (especially a son);

 Not enough dowry is given by wife’s family;

 Adultery;

 Desertion;

 Incurable disease (mental, physical)

 Second marriage

 Husband guilty of a heinous crime (rape, murder, sodomy)

 Child marriage

 Mental or physical cruelty (danger to life or limb or health of spouse)

 Uneducated husbands

Divorce Risk Analysis

After the husband/wife sends a legal notice for divorce to his/her counterpart, there are numerous high-end risks that may be irreparable in the future. If the spouse replies to the notice in affirmation or the court grants divorce, the following may happen

• The spouses invite social trauma and lowered social status for the whole family;

• Husband may be required to pay maintenance for lifetime;

• Half of the total property of husband would go to wife;

• Poverty (for the spouse who is not financially sound);

• Loneliness and Depression;

• Question as to who will get the custody of children would be a mind-boggling issue;

• Remarriage is quite difficult and cumbersome in Indian society. Even if the spouse remarries, the step-father or step-mother may not be welcoming for the children;

• One study also suggests that children of divorced parents consider divorce as the perfect solution to marital problems;

• Studies have found that children with divorced parents show lower levels of success at schools, poorer and deranged behavior, the number of emotional problems, low self-esteem, difficulties in making social relationships, etc.

Statutes Governing the Divorce Law in India

Hindu Marriage Act, 1955

Special Marriage Act, 1954

Divorce Act, 1869

Parsi Marriage and Divorce Act, 1936

Important Do(s) and Dont(s)

• Don’t opt for divorce for petty marital problems;

• Contact a divorce lawyer for legal consultation or seek online legal help from top divorce lawyers.