Legal dissolution of marriage
I'm 28 and i'm married for 3 years and have a daughter of 2-year-old. I'm under great emotional distress because of this marriage and decided to get divorced. I'm educated enough to know the consequences of a divorcee ( so pls, pls, please do not advice me regarding the consequences). Anyways, this marriage is a failure to me, nothing can be done to mend it up. No counselling will help us to save this marriage. I cannot take it anymore. I'm going mad as every day passes by and i'm starting to get suicidal ideation too. I need help. I need advice.
Asked 4 years ago in Family Law from Coimbatore, Tamil Nadu
I no need a big scene. all i need is a quiet separation and my daughter. Pls tell me wat are the terms, conditions, quotes, fees, numbers, etc., whatever, regarding this divorce.
Asked 4 years ago
1. Since you have decided to legally end the marriage there are two ways under the legal framework to do it-Mutual Divorce or Filing for divorce unilaterally(Contested Divorce). You may file for mutual divorce only in the event that your spouse is in agreement with you to end the marital tie. If there is no agreement between you and your spouse with respect to dissolution of marriage then the only legal remedy available to you is to unilaterally file for divorce whereupon your spouse may oppose the grant of divorce to you. Mutual Divorce can materialise in 6 months whereas contested divorce may easily take more than a year.
2. You have not mentioned the reason why you want divorce. So I am unable to mention the basis on which you can seek divorce by moving to court.
3. Is your spouse ready to part with his/her daughter by giving her exclusive custody to you? If no, you will require court orders to retain her custody by filing a case for child custody.
1. Divorce (mutual or unilateral) can be filed by you any time in the court.
2. The legal fee of your lawyer can be disclosed by him alone.
3. Have a conference with a lawyer to know the grounds on which you can file for divorce.
1. Divorce if contested by another spouse is very acrimonious and time taking. You can speedy divorce which seems your priority right now only if your spouse laos wants that and in that even both of you can apply for mutual divorce which does not take more than six months.
2. Broach this topic t your husband and try to convince him/her for the same. Else divorce suit even if filed you may take years together to see concluding light of the day.
1) petition by you for divorce will have to be filed in family court in your city
2) lawyer fees vary .
3) we cannot suggest any lawyer as we do not know your location . you can search in kaanoon.com website for lawyers in your city
4) contact details can be obtained from administration of this website
you may file for divorce either mutually cosent divorce if you husband agree for same or regular divorce on any of grounds mentionned in HMA. for custody of your child you have to file seperate suit under guardian & ward act. both cases will be filed in family court of your district.
Advocate, Greater Noida
There are two forms of Divorce application available to you.
a)Mutually consented Divorce-- It has to be filed either in the Family Court or the District Court as the cae may be.
It is filed when both the spouses agree to divorce having realised that the marriage can not continue.The order of divorce is obtained in 6 months.
b)Contested Divorce.--It is filed when you are aggrieved and the other spouse causes suffering or if there are valid grounds on which divorce can be filed.May take 3 to 5 years to obtain divorce and involves a number of appearances and prolonged litigation.
You need to search for a local lawyer and entrust him with your case so that he can guide you appropriately.