Divorce Lawyers in Balaji Nagar, Pune
By Advocate Pratibha Bangera
We are Divorce Lawyers in Balaji Nagar, Pune.
Divorce, also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country and/or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of alimony (spousal support), child custody, child visitation / access, parenting time, child support, distribution of property, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person; where polygyny is legal but polyandry is not, divorce allows the woman to marry a new husband.
Divorce should not be confused with annulment, which declares the marriage null and void; with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting). Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.
Divorce mediation is an alternative to traditional divorce litigation. In a divorce mediation session, a mediator facilitates the discussion between the two parties by assisting with communication and providing information and suggestions to help resolve differences. At the end of the mediation process, the separating parties have typically developed a tailored divorce agreement that can be submitted to the court. Mediation sessions can include either party's attorneys, a neutral attorney, or an attorney-mediator who can inform both parties of their legal rights, but does not provide advice to either, or can be conducted with the assistance of a facilitative or transformative mediator without attorneys present at all. Some mediation companies, such as Wevorce, also pair clients with counselors, financial planners and other professionals to work through common mediation sticking points. Divorce mediators may be attorneys who have experience in divorce cases, or they may be professional mediators who are not attorneys, but who have training specifically in the area of family court matters. Divorce mediation can be significantly less costly, both financially and emotionally, than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court orders. An article in the Jerusalem Post by Hadassah Fidler explained that mediated divorces have become a lot more popular, to the extent that some countries (such as Israel) have instituted a new law which will require divorcing couples to consider mediation before applying to court.
Dealing with Divorce
The dissolution of a marriage is almost always an unhappy event, at the very least marked by disappointment and the loss of dreams and expectations. In addition, there are usually many legal, financial, parental, emotional, and practical aspects that requires changes in responsibilities and routines, and it can take people years to regain equilibrium. Nevertheless, divorce serves an important function in legally-and emotionally-freeing people to form a more stable relationship.
One of the most significant events of the 20th century was the changing role and improving status of women in private and public life, along with greater expectations for happiness. Those same changes brought about a much talked-about rise in divorce rates and liberalization of divorce laws. Infidelity and financial upheavals are significant causes of divorce, but the major causes are emotional; partners grow emotionally distant, experience disappointments because of unmet (and often unrealistic) expectations, or develop separate visions of life.
Mediation - Settling Legal Disputes
The Oxford dictionary defines a 'Mediator' as -
'A person who attempts to make people involved in a conflict come to an agreement; a go-between'.
In the legal ecosystem -
1. A mediator is usually a lawyer, or retiredjudge,or a non-attorneyspecialist in thesubjectmatter(likechildcustody)whotries to bringpeopleandtheirdisputes to an earlyresolutionthrough a conference and consensus.
2. Themediator is an activeparticipant in thediscussionsandattempts to workout a solution,unlike an arbitratorwhosits as a judge.
3. The mediator is not there to make any decisions for you.
4. The mediator will use her/hisexperience, knowledge and skills to help opposing parties reach a mutually acceptable resolution to their conflict/s.
5. The mediator will gather information on both sides and use that information to clarify issues.
6. To sum up -
a) Mediators are not referees, judges, or arbitrators.
b) They cannot make decisions regarding who is going to win or lose.
c) Their only job is to guide opposing parties during their negotiations, and enable a mutually acceptable closure between opposing parties, within a court mandated deadline.
Mediation is therefore -
1. Anattempt to settle a legal dispute, through the active participation of a neutral and impartial mediator, thusenabling opposing parties to reach a peaceful,acceptable and fair consensus.
2. Mediation differs from arbitration, in which the third party - 'The Arbitrator' - acts much like a judge in an out-of-court, less formal setting.
3. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, domestic violence, visitation rights) and is often ordered by the judge in such cases.
4. Mediation has also become more frequent in contract and civil damage cases.
5. Mediation does not always result in a settlement.
How is a mediator appointed -
1. Usually the mediator is appointed by the relevant court, from a predetermined and ratified panel of mediators.
2. Ideally, to avoid bias and conflict of interest, the mediator must not be interested or connected with the subject matter of the dispute and is not related to any of the opposing parties or to those who represent them.
3. The mediator needs to disclose those factors, which may bias/prejudice his independence or impartiality on subject matter of mediation.
4. Mediators must be able to identify cases that are inappropriate for mediation, and refuse or discontinue mediation in those cases.
Mediation factors to consider -
1. The mediation must happen with the full consent of the opposing parties.
2. The abused party/s must feel safe and secure, physically and emotionally, at all times during the process of the mediation.
3. The abused party/s must believe that her/his voice will be heard and documented in the final consensus statement between the opposing parties.
4. The opposing parties must believe in the impartial and unbiased nature of the mediation and the mediator.
5. The opposing parties should be fully and regularly informed that continuing the mediation is a voluntary process and that they may withdraw for any reason.
6. The mediator cannot force a decision on either of the opposing parties.
7. To ease the situation and reach a mutually acceptable consensus between the opposing parties, the mediator can and will from time-to-time give suggestions, or guide the parties on subject matter.
8. The mediator must be mindful of the fact that the mediation must be completed within a deadline, as mandated by the court.
9. At mediation, the opposing parties will not be forced to settle. The mediator is not a judge and cannot force the opposing parties to agree. The opposing parties are in control of what terms to settle on.
10. Finally, either of the opposing parties can decide the abandon the process of mediation and -
11. Approach the court for a resolution, or
12. Decide to reach a settlement out of court, without any recourse to legal means.