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Separated from 3 years how can I file for divorce
12-Jul-2023 (In Divorce Law)
I m seperated since 3 years. My wife was having extra affair n she was pregnant but we mutually aborted. Now I want to divorce her. She was mutually agreed before now she is denying to give divorce. I have a kid with her who is 5 years old. I don't have any proof against her but we do not stay together since 3 years. What do I do now she stays in our house n I have moved out of that house since 3 years. She is asking too much alimony N I can't afford so much. I want to divorce her as I m seeing someone whom I want to get married. Please guide me steps
Yoi need to prove her relationships with third person and seperation since lasr 3 years.
You have very good grounds for divorce, you have to use those smartly. As far as alimony is concerned the same can be decided by court on merits.
You have very good grounds for divorce, you have to use those smartly. As far as alimony is concerned the same can be decided by court on merits.
Helpful?
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Dear
Firstly do you have any proofs to validate that she was having an extra marital affair? like text messages or photographs or anything? if you do have then you can file for a divorce under adultery which MAY save you from the alimony.
If you do not have any substantial proof then the matter will be contested and the judgement will be based on facts and evidence put forth.
Better solution is not to involve a lawyer or court and mutually dissolve the matter, of course she has to be reasonable in her demands.
Regards
Firstly do you have any proofs to validate that she was having an extra marital affair? like text messages or photographs or anything? if you do have then you can file for a divorce under adultery which MAY save you from the alimony.
If you do not have any substantial proof then the matter will be contested and the judgement will be based on facts and evidence put forth.
Better solution is not to involve a lawyer or court and mutually dissolve the matter, of course she has to be reasonable in her demands.
Regards
Helpful?
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Adv. Himanshu Nagarkar
Pune | 25+ Answers
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You can file a divorce case on the grounds of mental cruelty as well as desertion. You can also issue notice through your legal counsel alleging mental cruelty and desertion. You can also putforward proposal for mutual consent and meeting in writing. If she agrees then you can file mutual consent divorce or else you can file petition.
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Adv. Milind Achyut Kale
Thane | 100+ Answers
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