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Can I tell judge that I want me husband & me to live separately in MDC


05-Apr-2024 (In Family Law)
I have no other way to tell okay for mutual divorce. In-front of the judge can I tell that I want my husband but I can't live with his brother and sister in law. And I want both the brothers to take equal responsibility of his mother. I mean for 6 months I will see her and for other 6 months his sister in law should take care of her. Will the judge said okay for that.
Answers (2)

Answer #1
732 votes
In a divorce proceeding, especially during a hearing for a mutual divorce, it's important to communicate clearly and honestly about your reasons for wanting the divorce, as well as any conditions or agreements you wish to make regarding the divorce settlement. If living arrangements and caregiving responsibilities for a family member are central to your reasons for seeking a divorce, it's essential to express these concerns.

Judges typically focus on legal aspects of the divorce such as the division of property, spousal support, child custody, and child support, if applicable. While the judge may consider the personal circumstances leading to the divorce, their primary role is to ensure that the divorce agreement is fair and meets legal standards, rather than to mediate family dynamics directly.

That said, if part of your mutual divorce agreement includes specific arrangements about caregiving responsibilities, you can certainly propose this. It would be beneficial to discuss this arrangement with your husband ahead of time and come to a mutual agreement if possible. If both parties agree, this arrangement could be included in your divorce settlement.

However, enforcing such an agreement may be complex, especially if circumstances change in the future. It’s important to have clear, legally-binding terms laid out in your divorce decree to address how potential disputes will be handled. Additionally, consider speaking to a lawyer who can advise you on the feasibility of including caregiving responsibilities in your divorce agreement and help ensure your interests are protected.
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Answer #2
904 votes
Yes, You are free to say but explain with the logics and reasons as to why you don't want his brother and sister.
Yes, Dividing the Mother's responsibility for 6 months logically makes sense but you have to explain the reasons as well.
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