My Wife wants divorce anyhow and saying that she does not need any alimony or settlement . My worry is that if she takes U turn and ask for alimony or settlement .Then what are options with me and if I do not want to pay anything to her what should I do ? I am ready to leave my job as well for health reasons
If it is a mutual consent divorce then you can add her statement that she will not claim alimony or maintenance now or in future as a pleadings in the divorce petition.
Once the judgment is passed on the basis of this pleadings then she cannot appeal against it nor she can claim maintenance in future lest you can initiate contempt of court case against her for this.
Do not leave your current job. You can go for mutual consent divorce and get agreement and MoU signed from her. And get that particular mutual consent divorce decree from court.
So, in future you should not face any consequences from her at any ground.
Thanks She has hired her lawyer preparing petition .If she doesn't agree to change in terms and conditions of the petition then what are options left with me . I am ready to leave the job for health reasons as was decided earlier only because I was having family I was dragging the job and I transferred all my amounts in the banks to my parents . She is also working although not earning much . Can court still ask to me pay anything if I do not have anything in hand in case of contested divorce ?
File petition for divorce by mutual consent
enclose consent terms wherein she states that she does not want any alimony or maintenance
3) get divorce by mutual consent
4) wife may subsequently demand maintenance if she is unable to maintain herself
Even if you are not working you have to pay maintenance if wife is unable to maintain herself
get petition drafted by wife lawyer vetted by any lawyer from this website
As I told earlier that no need to change or leave the job.
Max to max 30% of your net income alimony may be granted by the court.
No, her lawyer will try to do settlement instead of dragging and she should understand it. The terms and conditions should be Win -Win situation.
First you give try to MCD.
In case of maintenance or alimony she has prove with authentic documentary evidence about your income to claim the quantum of maintenance as mentioned in her petition.
Both of you have to declare your assets and liabilities in the form of an affidavit to be filed before court.
The court will decide based on the facts on the issue of maintenance
Petition from MCD is an agreement by wife and husband presented to Court for approval. It is matter of proper drafting such petition with appropriate terms incorporated in the petition with regard to her not claiming any alimony.
- If she is ready to take divorce without asking for anything , then you can file a joint petition before the court for getting mutual divorce.
- Further, if she U-turn , then you can file a contested divorce on the ground of cruelty and other grounds , however she can ask there alimony from you.
- Further, even if you will leave your job then also can claim maintenance from you
- However, if she is earning lady and earning more than you , then only she cannot get any maintenance from you.
Dear client in this case you can approach your wife and ask for a compromise degree for the same and present that to the court alongside the divorce petition
Thanks all ! My wife is earning lady although she is not earning around 15-17 K per month. We do not have any child .Her father retried from a private job where they are getting small pension around 5-6 K per month .HerMother is home maker. I want to leave job due to health reasons .I currently do have only one flat in my name . I do not have liability as such as my both parents are retired from govt service .In this case Can the court ask me to pay her any maintenance ? Also please let me know the process for mutual consent divorce .My wife can write my signature and I worried that she can sign on petition or any other document and present it to the court. what is whole process of mutual consent divorce. Now even if I call she is threatening to file false cases against me and my parents what are the options with available with me ?
Agree for divorce by mutual consent
both parties have to appear in person before registrar family court sign petition in his presence
the parties have to appear before court for first motion and mediation
court would grant 6 months to both parties and place petition on board for second motion after 6 months
if no reconciliation is possible court would grant divorce by mutual consent
Whether you are employed or unemployed still you have to pay alimony and maintenance irrespective of earning conditions. It's totally depends upon judge how much maintenance will be granted by verifying the living of standard at matrimonial home of spouse.
It will take approximately Six to twelve months for Mutual Consent Divorce and apply in the court and get court decree.
Don't call her sent legal notice or court summons for mutual consent divorce.
She cannot file the mutual consent divorce without you present before court.
The court will not grant maintenance to her without she applying for it.
If she's employed and earning a handsome salary then she will not be eligible for maintenance.
She cannot claim any share in your property as a right.
- If she is ready for mutual divorce then court will not fix any maintenance or alimony for her
- For getting mutual divorce both the parties will have to appear before the court for giving their statement after filing a joint petition, and which is know as First Motion.
- Further, after recording the statement of First motion , the court may give six months time of file Second motion before the court. And it is called cooling period. However six months cooling period can be waived after filing an application before the same court.
- Further , both the parties will have to appear again before the court for giving their final statement , and then the court may pass decree of divorce.
- Further, if she is not ready for mutual divorce then you will have to file a contested divorce , and she can ask for maintenance from you even you are not working , However if your condition is not favorable to pay the maintenance then you can produce the medical documents before the court .
Dear client it depends on her prayer.
Its a good offer go ahead with such mutual divorce
Hello All Further to this we have filed mutual consent petition.They mentioned " She has waived her right of alimony and maintenance and she will not claim any maintenance and alimony from now and in future . The mutual lawyer is hired by them . He has asked us to come in court and sign the petition and taken our oath video recording . He has uploaded docs online but he has not uploaded the docs not in front of me . Its been a week since we filed our case but still no communication . I am worried as the lawyer is from their side he may upload different docs . When the hearing date will come the judge will ask us to go through the uploaded docs again right ? If I found mismatch what actions can I take ? I am asking as those people are influencing .
Your worries are unnecessary.
If you find the documents containing any incriminating issues against you then you can cancel or withdraw your consent then and there.
You will get an opportunity to see the documents or you can even ask the lawyer to furnish a set of photo copies of the documents.
Lawyer will not upload different documents
family court filing has moved online hence there may be some delays
3) you are at liberty to draw attention of court ti fact that different documents have been uploaded
You can ask the online access and check what is uploaded
We are done with First Motion .The Judge surprisingly did not ask me any questions and all questions to her only .She has clearly mentioned that :She has waived her right of Alimony and Maintenance .She will not claim any movable ,immovable property from Now and in Future . Can she still ask for any money in second motion ? Also can any one of us withdraw petition without consent of other ? Will it be conduct of the court ?What would be options with me if she ask money later which is not written and agreed in petition itself.
Any of parties can withdraw their consent for divorce
2) if wife seeks alimony before second motion then consent terms and petition has to be amended by parties if you want to pay her alimony
3) divorce by mutual consent is best option
It cannot be predicted what is running in her mind at the time of second motion, wait and watch.
Either of you or both can withdraw the consent for divorce with or without permission from each other during second motion.
If either of you withdraw your consent at later stage, the court will dismiss the divorce case.
You can refuse if she insists orally but if she files a petition seeking maintenance you can challenge it on merits.
Yes if anyone withdraws then it will be automatically dismissed.
Dear client,
In response to your first question, if the mutual consent petition clearly states that your wife has waived her right to alimony and maintenance and will not claim any movable or immovable property from now and in the future, then she cannot ask for any money during the second motion. The terms agreed to in the mutual consent petition are binding on both parties and cannot be changed unilaterally.
Regarding your second question, either party can withdraw the mutual consent petition without the consent of the other before the second motion is granted. However, once the second motion is granted, the petition cannot be withdrawn. If one party wishes to withdraw the petition after the second motion has been granted, they would have to file a separate petition under the applicable law.
If your wife asks for money later, which is not written and agreed upon in the mutual consent petition, then you may have legal options to protect your interests. You could approach the court with an application seeking enforcement of the terms agreed upon in the mutual consent petition. Alternatively, you could file a separate petition under the applicable law seeking a declaration that the terms of the mutual consent petition are final and binding, and that your wife cannot make any further claims.