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Krishna (NA)     14 December 2013

Divorce- contest & prevent

My wife started living separately 3 years back, and did not respond to any conciliation efforts by me. She also took our young daughter along with her. Now suddenly a Lawyer has sent me a notice on her behalf asking for Divorce by Mutual Consent; and that I should let them have my response in 2 weeks, else they'll decide their course. I am still looking for a professional counselling and conciliation, with definite NO to a divorce. Question 1: Should I be responding directly to her lawyer myself (I can write quite well), or necessarily engage a lawyer to respond for me in legal language; Qs 2: If I respond directly, can I reiterate the facts of our long happy marriage (20+ years), my wife's abrupt walkout and not providing any opportunity for conciliation, keeping our daughter with her without any mutual agreement; and also requesting her lawyer to guide her first towards a Professional Counselling process? 3. In case you can share a draft response with legal aspects for this purpose, it would be additionally helpful. Thank you.


 2 Replies

LegalExpert (Lawyer)     14 December 2013

Mr. Krishna Ofcourse you can respond to the notice from  the lawyer of your wife yourself if you believe you write well. But,  do reply to the notice. Otherwise it will give a message that you are on a wrong foot. you can ask for visitation rights from your wife. Yes surely you can reiterate the facts of your long happy marriage. 

T. Kalaiselvan, Advocate (Advocate)     14 December 2013

The legal expert has given a valuable suggestion, besides you may also engage the services of a lawyer which will suit you in case he issue prolongs and leads to a litigation in the court of law.   If your marriage is as old as 20+, your child should be an adult now, so she will be able to decide about to stay with whom, in fact she would be abetter person to mediate between you and your wife if your problems has not crossed that stage.

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