Procedure to file for divorce without asking for alimony

776 votes

You can file for divorce either under Divorce act or special marriage Act depending on how the marriage was solomnised in the concerned family court by giving reason of separation of 7 year as desertion of you and a child.

Advocate Mukesh Vasant Shinde LawRato

585 votes

You have to file a divorce under mutual consent that is you both should give your consent for the divorce and the divorce will be granted in the behalf in the family court if you reside in mumbai and in the session court if u reside in navi mumbai

Advocate Brahmanand Dube LawRato

864 votes

The short answer is that family law courts are courts of equity and it’s hardly equitable for one spouse to leave a marriage destitute and unable to support him or herself.

How courts treat spousal support in cases where the parties contributed different amounts to the marriage depends a lot on the arrangement between the parties. The court will consider whether unemployment was voluntary or involuntary, whether the unemployed spouse handled most of the childcare responsibilities, or if the spouse was disabled and, as a result, could not be gainfully employed.

Technically, Illinois courts consider a wide array of factors to determine whether spousal support is appropriate. Illinois maintenance awards are governed by statute (750 ILCS 5/504 to be specific). Before determining how much a spouse may receive in maintenance, the court will first decide whether spousal support is appropriate. I’d suggest reading our Maintenance Checklist for more information (and, as always, the statute).

Cutting to the chase, the two biggest questions to ask when one spouse is unemployed are: can he/she work and, if so, what can he/she earn? The unemployment is moot is the working spouse can only earn minimum wage and the higher earning spouse earns substantially more. Income differentials will jump out at a court and support a request for spousal support.

consult a lawyer

Advocate Veena Bane LawRato

571 votes

This is my response to you:
1. File for divorce under Indian Divorce Act;
2. Also file for custody in the same case;
3. Consult a local lawyer and file the petition;
4. Start collecting evidence and papers for the divorce petition etc. that can be used at the time of filing and later in the proceedings.

Advocate Gowaal Padavi LawRato

930 votes

Dear Querist, as per your query you have mentioned that you and your husband are staying separate since 7 years,
In short, it can be said that, like marriage takes place with the consent of both the parties, divorce also needs consent from both parties in the marriage, no matter they are staying together or not; just in case one of them is totally not heard of for a period of seven years minimum, the other one can move alone to the court with the help of a divorce lawyer or continue being the way he/she has been since past years. It is completely a personal choice governed by personal law, and has no intervention from the state as it is not a matter of public law.

Advocate Dhananjay Ravikant Gangawane LawRato