What to Expect From a Divorce

If you are currently facing a divorce, you are probably wondering what to expect from the divorce process. Just as no two marriages are alike, no two divorces are alike or have the exact same outcome. Our firm will be able to guide you through the divorce process, during and after your divorce. Armed with realistic expectations, you will have the best chance of being satisfied with the end result of your divorce.

What a Divorce Can and Cannot Do For You

Normally, people contemplating divorce have some idea of what to expect from a divorce. Increasingly, people have also experienced their own parents’ divorce. In spite of this “second-hand” experience, facing your own divorce is one of the more frightening events in life. Not only do you face the ending of one of the more significant relationships you have ever had, you also must begin to think about such unpleasant things as the division of property and new living accommodations. In many cases, there is also the unhappy prospect of no longer seeing your children on a daily basis. While divorce may not be the hardest thing that your life has to offer, it will certainly be difficult. Consequently, it is wise to understand the realities of what a divorce can and cannot do for you.

What Divorce Can Do

A divorce court will attempt to divide the property of a marriage in the most equitable way possible, except Istridhan, which is the sole and exclusive property of the wife. This distribution will be done differently depending on the circumstances of each particular case. That is why it is often difficult for advocates to predict exactly how the divorce court will handle the division of a couple’s property.

Courts will also determine a couple’s support obligations. This can come in the form of child support and spousal support (alimony/maintenance). Child support payment order may depend on the custody arrangements ordered. In general, spousal support largely depends on the facts and circumstances of each particular couple. Therefore, here again, any attempt at predicting a court’s ultimate support decision is often difficult.

Apart from the above distribution of property of marriage, the other main function of the divorce court is to set child custody and visitation schedules. The Court will make its decision based on the “best interest” of the child. These decisions, however, can vary from case to case and court to court. After all, human judges, who are influenced by their own beliefs, opinions and values, make the decision absent an agreement between the couple. Here again, negotiation and settlement are important options to remember. Everybody, especially, your children will benefit by a cooperative child custody arrangement.

What Divorce Will Not Do

A divorce cannot accomplish an exact, mathematically equal division of property and equal time with children, custody and visitation rights. Because no two people, no two marriages and no two divorces are alike, the court shall be deciding on the facts available on the record. It may not always be the fairest possible decision that could have been reached and it is certain not to favor you individually in every possible way. Divorce courts often have to make the best of terrible circumstances. For instance, there can be no satisfactory custody arrangement when one parent lives in Delhi and other at Mumbai. It just is not possible.

Conclusion

A divorce may be just the fresh start you need to get on with your life. In all truth, however, “the getting on with life” depends on your dedication to the process. It is not something that a court order will accomplish for you. Having realistic expectations as to what a divorce can and cannot do serves as a good beginning point for a satisfactory end to your marriage.

Legal Mind Ajit Kumar has more than 15 years of experience in Divorce Practice in Delhi and  will provide you experienced, aggressive representation in your divorce.