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Time duration required to stay apart for filing of divorce
06-Nov-2023 (In Divorce Law)
My husband had dropped me at my parents house in jan 2017. He had been visiting a few times until I delivered our baby in June 2017. Post that he visited me only in September 2017. From then on he is not even in contact in any way. He is unemployed and suffering from a mental illness that cannot be cured. This illness was hidden during and post marriage. Can i apply for divorce immediately or should I wait for some more time. Also please suggest the best way out. I also need full custody of my child
Hi madam, You can seek divorce on the ground of mental incapability if its not curable. However, one year should have elapsed from date of marriage , to seek divorce on any ground. However, being a mother of a kid, plz dont go for divorce...
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You can apply for divorce based his unsound mind. You should able to produce his treatment records and doctor certificate.
Before going for such steps, you must think and take your well wishers and family members suggestion.
Before going for such steps, you must think and take your well wishers and family members suggestion.
Helpful?
10+
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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Madam,
If you have completed one year of your marriage, you can apply for divorce. Separation is not a prerequisite for filing contested divorce petition. However, first of all, try to contact your husband again for a few more times and if he comes in touch, convince him for mutual consent divorce as it is cost effective and will take only 6 months for obtaining divorce decree from court. If despite your efforts, your husband is out of contact or not consenting for mutual consent divorce, you can apply for divorce in the family court of jurisdiction where you are presently living further claiming permanent custody of your child in view of your husband's incurable mental illness and his inability to support you and your baby financially.
If you have completed one year of your marriage, you can apply for divorce. Separation is not a prerequisite for filing contested divorce petition. However, first of all, try to contact your husband again for a few more times and if he comes in touch, convince him for mutual consent divorce as it is cost effective and will take only 6 months for obtaining divorce decree from court. If despite your efforts, your husband is out of contact or not consenting for mutual consent divorce, you can apply for divorce in the family court of jurisdiction where you are presently living further claiming permanent custody of your child in view of your husband's incurable mental illness and his inability to support you and your baby financially.
Helpful?
15+
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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