Marriage Divorce and Remarriage

Divorce Papers > Marriage and Divorce > Marriage Divorce and Remarriage

The normal life of the individual consists of three important stages; education, career and marriage. Previously, marriage was considered as a heavenly bond, which is to be maintained for a lifetime. But, as times have changed, people have altered their opinions about marriage and divorce. As the terms marriage, divorce and remarriage are legal terms, it is necessary to know the facts and laws related to them.

Marriage

Marriage is the union of two people and it is based on some primary values like love and commitment. The bond of marriage brings together two separate individuals. A marriage is not only a legal term, but also a social status that makes two people a family. It is a ritual that existed right from the evolution of mankind. However the perspective of marriage differs from person to person and since it is a legal affair it should be registered with the local court.

Laws for Marriage and Related Issues

The basic requirement to get legally married is to obtain a marriage license. The laws for obtaining a marriage license differ from a state to state. Also, there may be different rules for a man and a woman, for obtaining a license. It is necessary to ensure that a marriage performed in one state is recognized in all states in the country. Some specific requirements for obtaining a marriage license are-

• The mutual consent of the partners. The partners should be legally mature to provide consent
• Medical proofs to serve as evidence that the partners are not closely related by blood or any other relation
• The mental and emotional conditions of the partner should be normal during the marriage
• The completion of the waiting period that is required before procuring a marriage license
• If the traditional ceremonial marriage has taken place, then the proofs are to be submitted including the statements of witnesses

Thus, a legally formed marriage will be known as a valid marriage. If any of the factors of these points is missing, the marriage is considered as void and it is annulled.

Divorce

It is often seen that not all marriages become successful. There are various issues that act as the reasons for conflicts between partners. The spouses who want to get separated from each other file for a legal separation or a divorce. The valid grounds for divorce are-

• Major differences between the spouses
• Adultery committed by any one of the spouses
• Violent behavior or infliction of violence by a spouse. Any civil or criminal nature offense committed by the partner
• Inability to consummate the marriage. Loss of interest in the marital life
• Desertion for a long period

Thus, a divorce can be obtained from the court by proving any of these causes. Nowadays, "no-fault" divorces are preferred widely because there is no need to prove the marital fault and a divorce is granted on the ground of breakdown of marriage.

Laws related to Divorce and Legal Procedures

Divorce laws that are a part of family laws guide the procedure of a divorce. These laws describe the legal provisions that help in solving the following issues related to divorce-

• Alimony or spousal maintenance
• Child support
• Child custody
• Child visitation
• Property division
• Alternation in the name
• Grandparents rights

These issues are closely related to divorce. If the partner fails to solve these issues on their won, they have to take the assistance of divorce laws. The court will judge all aspects of the divorce case and order the solutions for these matters.

The procedure of a divorce starts in the county court where either of the spouses resides. The procedure may vary according to the type of divorce. In an uncontested divorce, an agreement is submitted in the court, and a divorce decree is obtained. In the contested divorce, the issues are fought over until they reach a conclusion. It is often a time-consuming process that is carried out with the legal help of attorneys and lawyers.

Remarriage

A divorce is not the end of your personal life and relationships. Though a divorce is a painful incident in the life of any individual, however, life moves on with new relationships. This might lead to remarriage of a divorcing couple. All states have different laws when it comes to remarriage. Some states propose a waiting period of one year before remarrying, while some do not have any such criteria for remarriage. But, many psychologists advice to take a gap between a divorce and a remarriage. It helps individuals to cope up the issues from the previous marriage. The person can also get time to recover from the loss and the harmful effects of divorce.

Thus, the marriage, divorce and remarriage are legal and sensitive issues that should be handled carefully.

Divorce Papers