Can I get a divorce while living in the same house as my husband
22-Aug-2023 (In Divorce Law)
I don't have a place in my city to go live at, my daughter's education will suffer if I move to my parents place as it's in a far away city. My husband has his family here but they don't want him back to there house too. I had put all my money in this house and my husband took a loan for the rest of the payments, I had stopped working post delivery and now I am not financially strong to move out. Can we still file for a divorce while we stay under the same roof?
This is my response to you:
1. If there is any hope to reconcile the marriage then make that approach;
2. Approach a marriage counselor;
3. You can also appoint a mediator and resolve disputes;
4. Best is to go for mutual consent divorce and you both can peacefully separate each other;
5. Contested divorce takes lot of time and is also a money consuming process.
Yes. Marriage Petition can be preferred by staying together and there is no any precondition of Hindu Marriage Act, 1955 that parties should stay separately. The requirement of Law would be no any cohabitation between both the parties and thus staying together in my opinion would not be the bar to file matrimonial proceedings on the grounds as contemplated in the said Act of 1955.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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