Divorce – An Explanation

Most fairy tales end with “…and they live happily ever after”. Unfortunately, not all marriages end with “…and they live happily ever after”. Many married couples find that their marriage comes to a breakdown due to various reasons and when all else fails, divorce comes into the picture. Just as when the couple signs their marriage certificate to signify their intention to be in matrimonial contract, a divorce is a legal proceeding wherein a married couple terminates their marriage contract.

As mentioned above, there are many grounds for the filing of divorce proceedings, one of which is “no fault divorce”. When “no fault divorce” is claimed, it basically states that there is no fault involved in the breakdown of the marriage and the Court does not usually inquire further on the reasons behind the breakdown. This is contrasted with contested divorce proceedings when certain contentious grounds of divorce are claimed for example, adultery and abuse. In those instances, the Court will usually conduct an inquiry and this often leads to a difficult time for all the parties concerned – financially and emotionally speaking.

In most cases, the attorneys would, in the absence of any clear proof of adultery and / or abuse, suggest a mutual petition for divorce based on the fact that the marriage has irretrievably broken down and parties are unable to reconcile. This would prevent any embarrassment which may arise when proceedings are heard in Court.

Almost invariably, the process leading to the filing of the divorce petition would require some form of reconciliation proceedings between the parties before a competent mediator and / or marriage counselor. In some instances, the couple is able to work out their problems with one another and emerge from the mediation / counseling session with an aim to work out their marriage. In some jurisdiction, couples are required to attend 3 sessions of such reconciliation proceedings and that the counselor has to issue a certificate to confirm that reconciliation is impossible before the couple is entitled to file their divorce papers.

There is no perfect marriage – only those mentioned in fairy tales. In reality, it takes much effort by both spouses to make their marriage work. Divorce should be the last option and it has always been. The painful scars from a divorce does not only linger with the separated couple but may also be experienced by the children of the marriage.