I believe that divorce is one of the biggest epidemics in our current society that isn’t being recognized or treated as such. As a marriage and family therapist, of course, divorce is something that I am passionate about because it is something that I am spending my life fighting against. I am not ignorant enough to believe that I will see all cases of divorce end during my lifetime, nor am I ignorant enough to believe that all divorce cases even should be prevented. I am, however, perhaps ignorant in my belief that it is crazy for people considering divorce to get advice from a divorce attorney.
Now, most of you are thinking I’m crazy. Who would go to a divorce attorney for advice about their failing marriage? Many people, unfortunately. I had no idea until I began working with marriages and families in crisis just how many individuals and even couples were seeking refuge and advice from their divorce lawyer.
I was overwhelmed by my new knowledge for one primary reason. Have people who considered getting a divorce forgotten that a divorce attorney is a very last person who will be concerned with them repairing a broken marriage? A divorce attorney makes a living helping married people get divorced while getting as many benefits from the divorce as possible. So why would any nearly-divorced person go to a divorce attorney in hopes of fixing their marriage? beats me.
My advice to anyone struggling in their marriage is to make an appointment to visit a professional counselor or a marriage and family, therapist. The core reason why I suggest this is because in general, counselors and therapists are people who deeply want to see marriages and families restored rather than torn apart. If I am looking for someone to help me fix my car, then it is far wiser to get help from an individual who believes that cars can be fixed, right? Of course, the same is true with marriage. Do not go for help from someone who believes that marriages should end easily and for any reason at all. Go instead to a professional who is trained in giving you wisdom about ways to make your relationship work.
A divorce lawyer is great for people who are sure that divorce is the option they are choosing. If, however, you are still unsure of your options and if you are still hoping for healing in your marriage, then a divorce attorney is the last person you should see.
In Ancient times, the concept of divorce was not known to anyone. They considered marriage as a sacred concept. According to Manu, the husband and wife cannot be separated from each other, their martial tie cannot be broken. Later the concept of divorce came in the picture and established as a custom to put the marriage to an end.
According to the Arthashastra, marriage can end if dissolved by mutual consent and should be unapproved marriage. But Manu does not believe in the concept of the dissolution. According to Manu the only way to end the marriage is the death of one of the spouses.
The provision related to the concept of divorce was introduced by the Hindu Marriage Act, 1955. The Hindu Marriage Act defines divorce as a dissolution of the marriage. For the interest of the society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. Divorce is permitted only for a grave reason otherwise given other alternative.
Author –
Dr. Arvind Kumar Srivastava (Advocate) 543, District and Session court Haridwar. Author – हां! मैं विवादित हूं..?, मैं निर्भया हूं…?
Website – www.advocateaks.com
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