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Seeking divorce from husband and custody of my children
10-Sep-2023 (In Divorce Law)
I am 44 yrs old lady and want divorce. I have 18 yrs daughter and 10 yr son. My husband is not ready to give me divorce and arrogantly says you have to die in this home only. I dont want to stay anymore. Pls, tell me what should I do for divorce, children custody? Can I stay with someone during the pendency of divorce?
You can take Divorce but you will to prove the grounds for Divorce in Court.
Once the Court is convinced that there are grounds to grant Divorce then the Court will certainly grant you Divorce even if your Husband is opposing it and not agreeing to the same.
You can get the son's custody and daughter is already 18 years old, so the Court will consider her as adult and she is free to reside with you without any court order.
Till you are granted Divorce by the Court , you can not stay with any other person during the pendency of the Case as it will create problems and issues in your Divorce case.
Once the Court is convinced that there are grounds to grant Divorce then the Court will certainly grant you Divorce even if your Husband is opposing it and not agreeing to the same.
You can get the son's custody and daughter is already 18 years old, so the Court will consider her as adult and she is free to reside with you without any court order.
Till you are granted Divorce by the Court , you can not stay with any other person during the pendency of the Case as it will create problems and issues in your Divorce case.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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THIS IS NOT SO DIFFICULT..
just file a divorce petition through a lawyer, let everything on him, he will do all the things as you mentioned him.
Whether it is a Matter of Divorce or Child Custody a Good Family Lawyer will Handle It Properly, If You Have Proper Knowledge Of Law And Procedures and If You Want to DO IT YOURSELF then I can help you In Proceeding.
Feel free to contact for Legal Service & Help iN pune, Mumbai & Aurangabad.
just file a divorce petition through a lawyer, let everything on him, he will do all the things as you mentioned him.
Whether it is a Matter of Divorce or Child Custody a Good Family Lawyer will Handle It Properly, If You Have Proper Knowledge Of Law And Procedures and If You Want to DO IT YOURSELF then I can help you In Proceeding.
Feel free to contact for Legal Service & Help iN pune, Mumbai & Aurangabad.
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you can stay anywhere which is suitable for you during the pendency of divorce case and yes you can file a case for divorce and his permission is not necessary as it is your right also generally the custody remains with the mother. please contact your local lawyer for further advice.
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Adv. Vikram Vishwas Kulkarni
Karad | 100+ Answers
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If you want divorce from your husband then the only option is to file for divorce in court and it will be decided on the merit of your case whether your petition for divorce be granted or rejected, and for custody also you need to file it in the court but child has to be minor I.e below 18 years.
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Adv. Pranay Lanjile
Pune | 25+ Answers
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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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