Wife want to divorce but husband is not ready what can be done
25-Jan-2023 (In Divorce Law)
Under the Hindu Marriage Act 1955, a spouse can file for divorce on the ground of cruelty after the lapse of one year sice the date of marriage. The steps involved in getting a divorce on the ground of cruelty are as follows:
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Consult a lawyer: The first step is to consult a lawyer who specializes in family law. The lawyer will be able to guide you through the legal process and help you understand your rights and options.
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Gather evidence: It is important to gather evidence to support your case. This can include medical records, photographs, witness statements, and any other relevant documents.
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File a petition: Your lawyer will help you file a petition for divorce on the ground of cruelty with the appropriate family court. The petition should include details of the acts of cruelty and how they have affected you.
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Serve notice to your husband: Once the petition is filed, your lawyer will serve a notice to your husband, informing him of the divorce proceedings.
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Attend court hearings: You will need to attend court hearings to present your case and respond to any questions or objections raised by your husband's lawyer.
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Settlement negotiations: If both parties agree, settlement negotiations can be entered into to resolve any outstanding issues such as property division, child custody, and maintenance.
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Final decree: If the court is satisfied with your case, it will grant a final decree of divorce, which will legally dissolve your marriage.
It is important to note that the process and requirements for obtaining a divorce may vary depending on the specific circumstances of your case and the laws in your jurisdiction. Your lawyer will be able to provide you with detailed guidance and advice throughout the process.
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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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