Divorce Trends Through The Legal Lens

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Why is the divorce rate increasing? Is matrimony not the sacred institution it once was? What are the most common reasons for divorce? we talked to an expert about the common divorce trends that he has observed in his legal practice.

Osama Sohail is a distinguished lawyer with a flourishing practice in Delhi. He has 11 years of experience in dealing with matrimonial matters ranging from divorce, child custody, domestic violence, marriage annulment, to dowry cases and more.

Increase In Divorce Cases

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Recently, you must’ve noticed an increase in the number of divorce cases in your family, friends, and other social circles. So, is the divorce rate actually increasing or are we just more exposed to the such news due to social media?

Osama says, “There is a definite increase in the number of cases today. I would say that in the last decade, filing of divorce cases has increased by at least three to four times, if not more.” But why? What is the reason that more and more couples are opting for divorce? Let’s find out.

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Most common reasons for divorce

Per a Forbes Advisor survey, the primary factors driving divorce in the U.S. are infidelity, incompatibility, lack of family support, and lack of intimacy. Another reason for seeking divorce is cruelty including both physical and psychological abuse. Another ground for divorce cases are desertion (abandonment).

Lack of intimacy is one of the reasons for seeking divorce

Infidelity: the leading cause for divorce

As per the above survey, the leading cause for divorce was infidelity, ending 34% of the observed marriages. The partners usually found out about the cheating through digital footprints such as call records, Facebook, WhatsApp, SMS, etc. In one way or another, people leave an imprint when cheating online.

How do clients react to infidelity?

Sharing his experiences, Osama told us, “It depends. In my experience, I have seen extremes of cases. For instance, in one case that I handled, a husband found out that his wife was involved with multiple partners and had all the proof (voice recordings, etc.) to prove his case. He filed for divorce, and there was more than one respondent in fact: those who were involved with his wife. My client’s aim from the very beginning was to ensure that his wife knows she cannot lie any more, and they find a way to part amicably. He was ready to pay all required dues, etc. as well.

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There have been other instances where the aim of the man who has caught his wife cheating has been to conquer his wife and make her suffer socially, economically, and emotionally.

In another case of a married couple with children, seeming to lead a happy life, the wife caught her husband cheating. She tried to reconcile for the sake of the children, but the husband wanted a divorce on the grounds of incompatibility. The wife is not ready to divorce him, and the case is still in court.

Losses from the ordeal of litigation have also been a factor in couples playing smarter and trying to settle disputes amicably.

What Stops People From Getting Divorced?

As per Osama, “Therapy and marriage counseling is a great solution that helps couples reconcile, but it is not as commonly seen. High fees may sometimes be a reason. Or the overall stigma about seeking therapy may also stop couples from seeking professional help. However, I would say that a beginning has been made in that direction.

Some other reasons include children, societal pressure, familial pressure, and at times the financial dependence of women on men.

Do men get harassed in divorce cases?

Several times women file criminal cases on dowry etc., extramarital involvement, domestic violence, to ensure that the cheating husband does not get the divorce and suffers socially, financially etc.

What are the trends in divorce settlements these days?

People having farsightedness spare themselves from protracted litigation, preferring amicable resolution of disputes, by opting for Mutual Consent Divorce on terms that are negotiated and accepted by and between them – with or without their legal representative.

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