Divorce law is a complex and ever-changing area of law, but it is important to understand the basics if you are considering a divorce. Divorce law governs the legal process of dissolving a marriage, as well as the division of property, alimony, and child custody and support.
Types of Divorce
There are two main types of divorce: contested and uncontested. A contested divorce is one in which the spouses cannot agree on the terms of the divorce, such as the division of property or child custody. An uncontested divorce is one in which the spouses have already reached an agreement on all of the terms of the divorce.
Grounds for Divorce
The grounds for divorce vary from state to state. However, some common grounds for divorce include:
- Irreconcilable differences
- Adultery
- Cruel and unusual punishment
- Desertion
The Divorce Process
The divorce process typically begins when one spouse files a petition for divorce with the court. The other spouse is then served with the petition and has a certain amount of time to respond. If the spouses cannot agree on the terms of the divorce, the court will hold a hearing to decide the issues in dispute.
Once the court has decided all of the issues in dispute, it will issue a final decree of divorce. This decree will officially dissolve the marriage and set out the terms of the divorce, such as the division of property, alimony, and child custody and support.
Division of Property
In most states, property acquired during the marriage is divided equally between the spouses upon divorce. However, there are some exceptions to this rule. For example, property that was owned by one spouse prior to the marriage may not be subject to division.
Alimony
Alimony is financial support that one spouse pays to the other spouse after the divorce. Alimony is typically awarded when one spouse is financially dependent on the other spouse.
Child Custody and Support
Child custody and support are two of the most important issues that need to be resolved in a divorce. Child custody refers to the legal right to make decisions about a child’s upbringing, such as where the child will live and what schools the child will attend. Child support refers to the financial support that one parent pays to the other parent for the care of their child.
Divorce Law in Pakistan
Divorce law in Pakistan is based on Islamic law. Under Islamic law, a husband has the unilateral right to divorce his wife. However, a wife can also seek a divorce from her husband through the courts.
Conclusion
Divorce law is a complex and ever-changing area of law. If you are considering a divorce, it is important to consult with an experienced divorce attorney to discuss your specific situation.