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Mutual divorce, property rights


22-Oct-2023 (In Divorce Law)
My husband wants mutual divorce. I want to know my rights for claiming settlement: 1. We have been married for 18 years. We have a 12+ son. 2. Both of us are working for the entire duration, while he has also been earning in dollars for a couple of years. 3. My mother in law has been ver mentally abusing to me for first 12 years of my marriage, I tolerated everythin in the name of marriage as my husband forced me to do so. After 12 years, mother in law asked me to move out of my marital home. I move back to my parents place, bought a flat jointly with husband (equal financial contribution) and then went to flat. For the past 6 years, my husband has been out of country for about 5 years, while I stayed back due to my job and hav been alternating staying in my parents place, in laws place and my flat. My son has been with me all along. Please let me know if you need any more information. We are Hindu.
Answers (3)

Answer #1
950 votes
need more detailed facts but you will get both property and alimony upon getting divorce but before filing of divorce you must first settle claims then go for it and it should be paid to you at one shot otherwise you have to beg the same from him all life which is another headache
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Answer #2
697 votes
As per your query in law rato yes you can file mutual divorce as both of you are staying separate for more than a year and you can claim alimony for yourself and your child and also need to make decision that when will take guardianship of your son .
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Answer #3
661 votes
In reference to your query I would like to say that whatever stated to your query was not not fully cleared to me . I would like to request you kindly contact me for better discussion.

Palash Das
Advocate
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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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