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Should I send a legal notice before filing Divorce Petition


02-Jul-2025 (In Divorce Law)
I know my wife will not agree for divorce. But after one year of our time together I am sure I cannot spend my life with this person. Already staying apart since 29 Dec 2024. I am not disclosing the details here, but I am sure I want a Divorce. Now how do I proceed. Should I first send a legal notice to her OR should I directly file a case of divorce. What if she files DV cases against me after receiving legal notice?
Answers (5)

Answer #1
627 votes
You should directly file a divorce petition otherwise she can lodge a fake FIR against you. If she files a DV case against you after your divorce petition then there are many judgements on behalf of which it can be quashed
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Advocate Anuj Goel

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Answer #2
738 votes
You need not serve her the legal notice. You can just straight away file a divorce petition before the family court according to your jurisdiction. And if possible try for mutual divorce because it's cost effective and ends up in a maximum of six months.
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Advocate Jitender Singh

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Answer #3
579 votes
Sir, to answer your question upfront, it is highly advisable to send legal notice of your intentions to her. As to the DV case, in simple terms she CAN file it but as you are living apart it will be difficult for her to prove it. However, I can give an appropriate opinion only after understanding your issue. So, please contact me and provide details of the issue to assist you better.
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Advocate Ishan Parashar

Adv. Ishan Parashar

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Answer #4
960 votes
At first , you should send the legal Notice for filing divorce petition on the grounds of mutual consent, after that if she doesn't agree then you can file divorce on the ground of contested , if she agrees the on the ground of mutual consent
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Advocate Mukesh Kumar Sah

Adv. Mukesh Kumar Sah

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Answer #5
869 votes
Greetings for the day. Do seek a detailed legal Consultation from a lawyer having expertise in matrimonial litigation cases. You should consult and brief the facts to the lawyer and proceed as per his advise. Issuing a legal notice is not mandatory before filing a Divorce proceedings. However You can explore the legal remedies available. You need to do a bit of homework before filing a petition. Do connect.
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Advocate Anubhav Kathuria

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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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