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Want to file for divorce from my wife but have 3 yrs. old child


03-Dec-2023 (In Divorce Law)
H I wnt divorce with my wife.. Bt I hv 3 yrs old child how should I get divorce...
Answers (2)

Answer #1
788 votes
Having a child does not restrain you from getting a divorce. What would matter is your willingness to take the custody of the child after the divorce.
If both of you wish to get divorced, it would be a divorce by mutual consent. But, If only you wish to get divorced and your wife does not wish to get divorced, it shall be a contested divorced.
In both cases, several factors would be taken into account by the court such as both parties' occupation, monthly income, movable and immovable property, current residence etc.
After having considered all factors and the grounds for divorce, the court shall determine that which party is better suited to take responsibility of the child? If both parties can come to a consensus with respect to the custody of the child the Court would not intervene but if both parties, contest the custody, in such a scenario, the court shall determine what is best suited for the child and pass orders accordingly.

Answer #2
981 votes
Yes, you can get divorce.. From when you were seperated? and who Is having custody of child? if you both are mutualy agreed for divorce and custody of child then it is easy to take divorce by mutual consent..

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