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Confused when to file contested divorce as last month wife filed DV


22-Feb-2026 (In Divorce Law)
my wife filed DV case.. we r living separate.. if I want to file now contested divorce.. should I file now..or..wait till interim maintenance order..Bcaz I have job..n wife have no job..with child..i...?????? talked with her before 1 yr..n..she said..she is interest in only maintenance..n..no wanted divorce tag on her..but it's will b a lifetime problem..veterans plzz give ur advice. thxx in advance
Answers (3)

Answer #1
776 votes
Filing for contested divorce now is generally advisable to establish your legal grounds and prevent the case from lingering indefinitely. Waiting for an interim maintenance order does not stop your liability, as maintenance is determined by your income and her needs regardless of the divorce status. Given the DV case, a timely filing helps consolidate the litigation and move toward a final resolution.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
722 votes
You can file the divorce immediately but first we will have to understand your case and facts pertaining to it. To counter her maintenance claim it is advisable to make a counter case. Also you will have to effectively counter the DV case so as to have a proper defence
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Advocate Sudarshan Desai

Adv. Sudarshan Desai

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Answer #3
684 votes
You may file contested divorce now if grounds exist (cruelty, desertion etc.). No need to wait for interim maintenance. DV and divorce can run parallel. Court will decide maintenance as per income. Act promptly and defend DV properly.
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Advocate Pankaj Bajaj

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