Advice for divorce

Filing for Divorce: Steps and Considerations If you're considering filing for divorce, here are some steps and considerations to keep in mind: ..

1. Consult a Lawyer - *Specialization*: Find a lawyer specializing in family law or divorce cases.

- *Initial Consultation*: Discuss your situation, goals, and concerns with the lawyer. 

2. Grounds for Divorce - *Mutual Consent*: If both parties agree, you can file for a mutual consent divorce. -

*Contested Divorce*: If one party doesn't agree, you'll need to file a contested divorce petition. 

3. Documents and Evidence - *Marriage Certificate*: Ensure you have a copy of your marriage certificate. -

*Separation Proof*: Gather evidence of your separation, such as documents showing you've been living apart since 2019. -

*Financial Records*: Collect records of your financial situation, including income, expenses, and any support you've received or provided. 

4. Child Support and Custody - *Daughter's Support*: If your daughter is financially dependent on you, consider seeking child support from your spouse. - *Custody*: If relevant, discuss custody arrangements with your lawyer.

 5. Emotional Support - *Counseling*: Consider seeking counseling or therapy to cope with the emotional aspects of divorce. -

*Support Network*: Reach out to friends, family, or support groups for emotional support. 6. Filing the Petition -

 *Petition Preparation*: Your lawyer will help prepare the divorce petition. -

 *Filing*: The petition will be filed with the relevant court. 7. Court Proceedings -

*Hearings*: Attend court hearings and follow the proceedings as advised by your lawyer. - 

*Settlement*: If possible, consider settlement options, such as mediation or negotiation. Conclusion Filing for divorce can be a complex and emotional process. It's essential to: - 

*Seek Professional Guidance*: Consult with a lawyer specializing in family law. -

 *Gather Documents*: Collect relevant documents and evidence. -

*Prioritize Emotional Support*: Seek counseling or therapy to cope with the emotional aspects of divorce. - 

*Focus on Your Goals*: Work with your lawyer to achieve your goals, whether it's a mutual consent divorce or a contested divorce.

Originally posted by : Lakshmi Lakshmi
	Am separated since 2019 and have a daughter she is doing her 3rd year college and we another getting any financial or emotional support from him and I want to file for divorce what should I do

WHy don you file an application for maintenance and later you can file divorce. 

As you and your daughter have been living separately since 2019, you can file a divorce and alimony petition in a civil court.

Since you’ve been separated since 2019 and are not receiving any financial or emotional support, you have strong grounds to seek a divorce under cruelty and desertion, as recognized under the Hindu Marriage Act (if applicable).

Here are the steps you can take:

1. File for Divorce:
   You can file a contested divorce petition citing cruelty, desertion (more than 2 years), and non-support as grounds. If your husband is agreeable, you may also consider mutual consent divorce, which is simpler and faster.

2. Maintenance for You and Daughter:
   You can file for maintenance under Section 125 CrPC or under the Domestic Violence Act, especially if your daughter is still dependent on you.

3. Educational Expenses for Daughter:
   Since your daughter is still studying, you can also claim educational expenses and financial support from the father.

4. Legal Support & Documentation:
   Consult a family court lawyer to help draft your petition, include proof of separation, and gather evidence of non-support.

You have every right to seek both emotional closure and financial stability through legal remedies. Courts are generally sympathetic in such cases, especially when children are involved and there has been prolonged abandonment.

You can file a contested divorce case on the grounds of mental cruelty and desertion.

If you are Hindu by relieigon and not having any source of income to sustain your expenses then you can file a petition seeking monthly maintenance or permanent alimony.  Your daughter shall be entitled for monthly maintenance and expenses for her studies until she gets married under HAMA 

You may consult an advocate in the local and proceed as suggested.

If you have made up your mind to seek divorce, you may move for it in  appropriate court.

Before this, it is better to file a petition for maintenance of both of you.

It is appropriate to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

Sir actually he doesn't visit her once in this 6 years and not through phone calls and am struggling with college fees still am managing so now I thought to get divorce but I don't know what to do 

You shall consult and engage a knowledge advocate for filing alimony for both of you and a divorce petition.

You are required to file a maintenance case means demand per month expdr for your self and your daughter through court of law keeping in mind the income of your husband.

Subsequently also file domestic violence case and divorce on the ground of cruelty through a prudent advocate in a family court of your district/ area.

It is better to consult and engage a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.

Separation of more than 2 Years can be ground for Divorce, consult an advocate.

I am a working husband, still I have been looking after my two girls studing xth and 4th respectively for last three years. My wife stay at different place and live separately being a teacher in govt school. She has been deliberately carry on s*xual relationship  with other men ; Don't allow me go to her place and even threatened me if I do so. She deliberately cut all physical and emotional relationship with me. I am suffering like anything.... Help!!!

@ Mr C M Timuli,

File a suit for divorce on the basis of cruelty and desertion seeking maintenance for your daughters as well .

Seek professional services of a local prudent lawyer.

You can file for divorce on the grounds of cruelty and desertion.

Regards

Alpa Jogi (Advocate)

Divorce Lawyer in Ahmedabad