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Judicial Separation And Divorce

 ... 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



How Does Divorce Mediation Work?

Re-mediation work | Flickr - Photo Sharing!

Divorce is an upsetting process. Strong emotions of anger can remain for years. Mind-set of being cast off can even be carried over to new relationships. For many divorcing couples, the most painful part of the proceedings is often the loss of self-esteem. Confronted with hardhearted thoughts of fear and anger, many people in the process of divorcing each other are often distraught by the ease in which they seem to forsake values that they had held in deep regard such as empathy, compassion, and respect. The need to hurt often takes the place of what used to be enduring and deep love. Revenge replaces considerate. Anger supplants civility. When such humanitarian values are given up, it results in the loss of self-esteem and self-respect that is often seen in divorce procedures.

However, many divorcing couples found that they can preserve their dignity, compassion, and self-respect through approaching divorce in a new way – via mediation. Traditionally, divorce has always been approached in an adversarial manner, often resulting in the break in communication between the parties, costly court procedures, accompanied by strong hostility. Many couples often find that despite their first good intentions, the adversarial nature of the procedures would complicate matters by rotating even small issues into complicated and impossible ones, requiring a substantial amount of money and time to resolve. Such experiences have left many divorcing or divorced people feeling as if they have betrayed their inner values. While occasionally there may be no other way out, not every couple wants or needs this sort of ending to their marriage.

How does divorce mediation provide an alternative?

Divorce mediation provides an alternative to divorcing couples because people specifically trained in mediation, known as divorce mediators, help them to come to a contract on issues related to their divorce, without them going the adversarial way. The divorce mediator gives the couple monetary and legal information helps them to know the emotional and mental aspects of divorcing, its impact on the children, as well as providing tips on conflict management. The mediator stays unbiased all through the process, without being condemnatory towards either spouse about the motivations or reasons for their decision to part ways. The methods of divorce mediation are designed to reduce hostility, enhance communication, and support the expression and maintenance of caring and respect between the divorcing couple as well as their family. This results in divorce no longer having to be identical with loss of self-respect and bitterness.

About the author: Munish Rathee working for Ferris consulting, some of the client sites he is working on are monmouth county divorce lawyer
, Fairfield County Divorce Attorneys, and Hartford divorce attorneys, Litchfield divorce lawyers, bridgeport divorce attorneys

Source: http://www.articlesbase.com/news-and-society-articles/how-does-divorce-mediation-work-339557.html