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Kaamya Bajaj· 5 years ago
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How Much Separation Time Is Required to File for Divorce?

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Divorce is a matter of deep concern. There is the various reason of divorce between two people and severity of each case differs highly. To solve these issues, different laws are made each on different grounds and for different religions.

In the case of mutually consented divorce, according to sec 13B of the Hindu Marriage Act 1955 and section 28 of Special Marriage Act 1954, spouses should be living separately for more than one year before demanding a divorce. In this concern of mutually consented divorce, Christian marriage laws say that spouses need to live separate for a complete period of two years before the divorce.
There are many other cases in which the time period of separation does not matter. These all are called non-consent cases of divorce. Adultery, polygamy, cruelty, Rape, Sodomy, Bestiality, conversion of religion, are the cases where one party files a divorce case and the spouse get divorced after the complete process of claims being proved true. In severe cases, the accused one is punished. Though divorce on grounds of polygamy or adultery is not legal in the Muslim religion.
There are more cases like if a person is deserted by his/her spouse for more than two years he/she can file for divorce. In case of a missing person or presumed death, if a person is missing for more than 7 years or considered dead, without the dead body being found, the other person can ask for a divorce. A person must have basic knowledge of these things to keep a check over their rights.


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Answered on04/15/21
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