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whether to go for filing Divorce case before DV notice server or later


25-Aug-2023 (In Divorce Law)
Can filing divorce case helps after Domestic violence. domestic violance case is filed by my wife but notice is not served till now. What you suggest. whether to go for filing divorce before DV notice served or wait for DV case notice.
Answers (4)

Answer #1
765 votes
Divorce and domestic violence are two different things....filing a divorce will not help your DV case or vice versa. as for waiting it is not necessary for you to wait if you want to divorce you can start the process immediately. pleaase consult your local lawyer for further advise.
Answer #2
513 votes
It all depends on the facts and circumstances of the Case.

So, without detailed information, it's not appropriate to advise.

It will also depends on what is going to be your defence in DV case.

So, it's going to be difficult to advise on general info.
Answer #3
817 votes
It would be better to get copy of DV case and then file the divorce petition. If you know that your wife has filed the DV case then you must be knowing the scheduled date ? if yes then appear get the copy of the same and then file the divorce petition.
regards
Answer #4
914 votes
if the DV case is filed against you before you get arresteed you should apply for anticipatory bail application!once these case is done you can further seek for divorce from your wife by filing divorce in an appropriate court of law!

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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