About Divorce & Separation Law in Dehiwala-Mount Lavinia, Sri Lanka
Divorce and separation in Dehiwala-Mount Lavinia, Sri Lanka, broadly follow the general divorce laws of Sri Lanka. These laws permit both at-fault and no-fault divorces, where the former requires demonstration of reasons such as adultery or cruelty, and the latter requires the parties to have been living separately for a specified period. Partners can apply for divorce under either the civil law or religious law, though the civil law usually applies to those married under civil law or in inter-religious marriages.
Why You May Need a Lawyer
The legal process of divorce and separation is often complex and emotionally draining. A lawyer can guide you through this period by explaining your rights and obligations, helping to negotiate fair settlements, providing representation in court, and generally lessening the stress of the process. Situations requiring legal help include disagreements on property division, child custody, alimony, or in cases where one spouse refuses to accept the divorce.
Local Laws Overview
Divorce laws in Dehiwala-Mount Lavinia involve three key aspects: grounds for divorce, property division, and child custody. Sri Lanka allows divorce for reasons including adultery, deliberate desertion for over two years, and malicious desertion. The law takes a flexible view of property division, often aiming for an equal division but also considering various factors such as each spouse's contribution, financial and otherwise. Child custody decisions consider the child's best interest, with courts often favoring joint custody.
Frequently Asked Questions
What is the process for filing for divorce?
To begin a divorce, one spouse needs to file a petition in court stating the grounds for divorce. Both spouses must then attend a court hearing, where the court will examine the evidence and decide whether to grant the divorce.
Is legal separation different from divorce?
Yes. Legal separation allows a couple to live apart while still being legally married, while a divorce ends the marriage. A legal separation can be a step towards divorce but is not mandatory.
How is property divided in a divorce?
Generally, property acquired during the marriage is divided equally. However, the court can alter this distribution considering factors such as each partner's contribution, the duration of the marriage, and the needs of any children.
How is child custody decided?
In deciding child custody, the court considers the best interests of the child, including their age, health, emotional ties with each parent, and the parents' abilities to provide care and guidance.
Can I represent myself instead of hiring a lawyer?
While you are allowed to represent yourself, it is usually not recommended due to the complexity of divorce law and the potential for legal mistakes. Having a lawyer can ensure your interests are adequately protected.
Additional Resources
You may find it helpful to refer to Sri Lanka's Ministry of Justice website, which offers a range of legal resources. You could also engage professional advice from community legal centres and the Sri Lanka Law Society.
Next Steps
If you need legal assistance, your next step is to engage a qualified family law lawyer. The lawyer can guide you through the legal process, explaining your rights and responsibilities, and work towards achieving the best outcome for you and your family.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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