Yearly Archives: 2011

Judicial Separation And Divorce

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... Divorce Mediation, a Northern New Jersey divorce mediation service

Hindu Marriage Act of 1955 for the first time introduced a provision for divorce among the Hindus. These are on the grounds of – adultery, cruelty, desertion for a continuous period of two years, one of the party ceasing to be a Hindu by conversion, unsound mind, suffering from incurable leprosy, venereal diseases or by taking to religious order and renouncing the world or, if either party disappears for a period of seven years. These grounds can be urged by the suffering party in a court of law and justice obtained. This has enabled many a woman to find a way out of a bad marriage. Subsequent to the act being passed in 1955 an amendment was added for obtaining divorce by mutual consent. This was quite a godsend as now the couple can avoid contest on any issue.

Marriage after Divorce : After divorce either party can marry another person. In all cases, no petition can be filed in a court of law within one year of marriage.

MAINTENANCE:
1.The Hindu wife is entitled to be maintained by the husband during her lifetime.
2. She is entitled to live separately from her husband without giving up her claim to maintenance under certain under conditions.
3. She shall not be entitled to separate residence and maintenance if she converts or is proven unchaste. This is governed by the Hindu Maintenance Act of 1956. This is an absolute right given to the Hindu wife. In divorce proceedings the wife is entitled to claim interim relief before the court decides on permanent relief of maintenance. The Court will consider whether a wife is entitled to maintenance if her earnings are enough to maintain herself….http://www.sitagita.com/view.asp?id=1359

CUSTODY OF THE CHILD:
In any divorce proceedings under the Hindu Marriage Act the court has to decide on the maintenance, custody and education of the minor child. Custody of a child below five years is generally given to the mother. But in dealing with this, the court has the right to change, suspend or revoke its earlier orders. The child’s welfare is of primary consideration.

DISPOSAL OF PROPERTY
When there is dispute between husband and wife, the court makes provision with respect to the property which is gifted at or about the time of marriage, and belongs to both husband and wife.

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Source: http://www.articlesbase.com/divorce-articles/judicial-separation-and-divorce-526944.html


Inventive Ways To Handle Child Custody Issues

This entry was posted in Blog Divorce Mediation on by

Have you ever wanted a way to communicate and manage your co-parenting issues without actually talking to
your Ex?

Two websites have solved the problem and are being used successfully by parents and legal authorities.  The parents have to sign up and pay around $100 per year to use the site. Other people that are involved in your child custody issues such as Grandparents, etc. can use the sites also.

“In Broward and Miami Dade courts, some judges are ordering parents to use the websites, such as OurFamilyWizard.com and ShareKids.com, to communicate with each other. One benefit is that the sites can be viewed by judges and attorneys, thereby eliminating constant court visits over scheduling, financial issues and simple miscommunication.

Ugly court battles often leave couples unable to speak to each other, or worse, sending repeated emails that can be altered and deleted, leaving no record of the discord or how to resolve it. The Wizard and other sites give therapists, divorce mediators, family coordinators and even the courts the ability to view the site and resolve issues without costly litigation.”

Read more: http://www.miamiherald.com/2011/05/25/2231034/cyber-mediation.html#ixzz1NTgcgtXU

For Divorced parents trying to manage their child custody issues but are having a hard time of it…this may be an excellent solution.