• Mutual divorce details

I am married since 12 years and having a 10 years old son,i got in contact with my Ex-boyfriend and understood that we both still love each other....(my husband and me we both are totally diffrent from each other we don't share similar passion,similar interests,i am ambitious and he is a easy going types hence i don't enjoy his company)My fiancee is married and a US citizen we both wish to take divorce from our respective spouses and i want it to be a mutual consent  i wish to know can i get possession of my son if the reason to take divorce is loving someone else?
can i also get the information about US law about divorce? my fiancee says in US law is very flexible and he can get divorce in no time.me and my husband has a property jointly do you think my husband will agree if i offer him to make the property on his name? I wish the divorce proceeding to happen very peacefully i need help to sort it our very maturely,also till the time we get divorce is there a provision that i can still stay with my husband in the same house?
Asked 2 years ago in Family Law from Vadodara, Gujarat
Religion: Hindu
that can be decided at the time of going for mutual divorce,every adjustment is possible among partners going for divorce by mutual consent
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Hi, it is depend upon the terms and conditions agree between yourself and your husband........if he agree for your terms then it is not a problem.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If your husband agrees for divorce on mutual consent and if an agreement is reached between the two amicably, then everything will go on smoothly.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Dear Querist
It's depend on your husband.  You should asked him about this matter and if he is agree then file MCD before the court. 
For US divorce law contact a lawyer personally or over the phone. 
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
That you love some one else cannot be a reason for divorce. If you apply for divorce stating this then you will make yourself and your lover amenable to criminal charges. 

Divorce in US will not be granted at the throw of a hat, more so if it is not mutual. If your husband does not agree to separate amicably from you then you may unilaterally apply for divorce on the grounds available to you. 

You have the right to stay in your husband's house till divorce is finalised. We do not know if he will agree to divorce you if you offer to give him the property of which you are the joint owner. 

The custody of your child may or may not be given to you. The court will decide the case of child custody having regard to the fact in issue stemming out of your legal pleadings.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) i would suggest before filing for divorce let your ex boy friend take divorce first . 

2) it is true in USA divorce is an easier process . your boy friend can file for divorce and obtain divorce   within a year 

3) only after his divorce is through should you talk to your husband for divorce . if you file for divorce by mutual consent you can get divorce in 7 months time or so . 

4) since you do not want any claim in joint property your husband should be agreeable for divorce if you relinquish your 50%share in property . 

5) custody of child is a different issue . your husband may not be willing to agree to give you custody if you are going to settle in USA .

6) for the sake of your son who is 10 years old try to save your marriage
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0