October 20, 2014
Pre- Divorce Preparation
Pre- Divorce Preparation
Divorce petition can be filed on any of the legal grounds in India. Once you have decided to move in the direction of divorce it is important that you are prepared for the path ahead. Basic knowledge of legal procedures is very important. You need to do your homework before filing for divorce. The pre- divorce preparations include:
1. Going for marital counseling: There are various clinics and associations that offer marital counseling to help the couples decide whether the divorce is actually inevitable. Breaking the family is regarded as the last resort in Indian society. Thus you must try to understand whether the reason for your divorce is actually valid or can be avoided.
2. Looking for a competent lawyer: Only a good lawyer can help you with the contemporary divorce laws. A lawyer is essential for taking you forward at the right track while you are fighting for divorce. It would be better if the lawyer is especially experienced in handling divorce cases. Also your comfort level with the lawyer should be good as you need to share your personal details with him.
3. Planning your future: Now when you are going to get divorced, you need to plan about various issues like financial backup, shelter, child custody, and so on. All these will take time to settle down, so it’s better to plan everything in advance.
In order to get a legal divorce from the Indian court, you need to take the following steps:
· File joint petition in the court stating that you want divorce with mutual consent.
· The petition will be accepted after you show the evidence that you have been staying separately for 1 year.
· Or if there is no contact between you and your spouse for 7 years then the court will issue a divorce decree.
· After the parties file a joint petition, the court gives a time of 6 months to reconsider the option of divorce.
· If the parties do not withdraw the petition for divorce within the said period, the court grants the decree of divorce.
As far as the maintenance is concerned the wife can demand monthly allowance from her ex- husband, but if the ex- spouse refuses to provide financial support, then she can approach the magistrate. The magistrate will then order the husband to pay a monthly allowance to his ex- wife. However, the allowance is only permitted till the female is remarried.
Every Indian man and wife should have a proper knowledge of how to deal with divorce as per the Indian laws. An advocate’s assistance will definitely help, but your own knowledge and information of various laws will give you a better picture.
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