What factors should be considered before you decide to get divorced?

Could there be a resolution that ultimately deters one from divorce?

The solution to every minor marital discord or fight is not a discussion about divorce. Talking to your friends and other mentors is imperative before you take any further step. You could even consider talking to your spouse but it is advised that you be cautious if you have been subjected to domestic violence and cruelty.

In case there is no one that you can talk to regarding this, you can try reaching out to certain NGOs, women help centres or counsellors who deal with divorce cases and familial issues. They will certainly guide you in the right direction.

Why do I want the divorce?

What are the reasons that I want a divorce for?

It is important that you ask yourself this before you step into the process. You should have an answer that is clear and reasonable enough. A thing that one must never forget is that you ought to leave when you feel that the marriage you are in is not right. Divorce has its own share of highs and lows. If you have thought rationally enough and know that the marriage is not right for you, you are less likely to have any psychological issues or ‘cold feet’ as an aftermath of divorce. Be warned that in India, owing to the patriarchal mindset of the society, a woman who opts for divorce will have to encounter stigma as well as harassment because a woman’s autonomy is not respected by the people. However, this should not deter you from doing what is right for you and seeking divorce if you feel that your marriage has failed.

Try to talk to your partner about the divorce

You may want to try talking to your spouse regarding the divorce. If you can feel the strain in your marriage, there is every likelihood that so can your partner. Talking to your partner can take any of the three courses:

  • You and your spouse can talk and arrive at a way to save your marriage and keep it alive. You take the route of compromise, for each other or your children.
  • If you know that your marriage has reached a point of no return and have agreed to get a divorce, you can then file for a mutual consent divorce.
  • It may be possible that your partner does not believe that the marriage is falling apart. In case you feel like you are trapped in a relationship that is abusive, you ought to consult someone and file for divorce accordingly.

[Details on both forms of divorce are given extensively on this blog.]

Increased social awareness and a general sense of advancement have prompted the Indian government to pass several acts in order to make the process of divorce more progressive and conscious of gender-related equality. There are different laws that currently exist across India and pertain to marriages under different religions. Being a secular country, India is an advocate for religious freedom to everyone. Hence, marriages come under personal laws of respective religions.