Divorce from working wife without giving alimony to her

893 votes

Yes, you will have to pay alimony may be about 1/3. If you both are ready for divorce then you guys can go for mutual divorce. Time period will be 18 months and you will have to pay her a time time settlement amount which both of you will have to decided. In case you go for divorce and wife doesnt want to give you a divorce then you need a strong ground for divorce and yes it might take about 5 years to get a divorce and there can be a situation that Court might reject your divorce petition. So first try for mutual divorce in case that is not possible then go for contesting divorce and make your grounds very strong in it so that same is not dismissed. As stated flat is in your mother's name and not purchased by your money so according to me your wife will have no right in property. She can only claim her right over the property belongs to you or purchased by you.

Advocate Amresh Anand LawRato

535 votes

so far as paying aliomony is concerned, i dont think you will have to pay anythihng to your wife as she herself is an earning individual and there is no child out of the wedlock. You will have to satisfy the court regarding her job and the amount of salary she recieves. for that you have to get all the necessary documents pertaining to her job and salary.
Now comes the question of divorce. As you have said that she keeps on creating troubles in the home and argues even on smalland petty issues, cruelty is the ground that can be taken to obtain divorce but for that you have to explain in detail all the situations which have led to come to this decision to get divorced from her.

Advocate Rajnish Kumar Singh LawRato

701 votes

As you have mentioned that your wife is earning more than you, she is not entitled to get maintenance from you... for getting divorce registration of marriage is not necessary... what is necessary is that your marriage must be solemnized at least one year earlier when you are going to file divorce case ... you can get divorce if you can prove that she is causing cruelty upon you.. either physically or mentally... for elaborate discussion you'll have to meet some lawyer...

Advocate Kamal Katyan LawRato

975 votes

If she is earning more than you then the chances are that you might not have to pay any alimony to her but it is completely on the discretion of the Court to decide whether or not alimony should be given or not. You can get few salary slips of your wife in order to prove that she earns more that you. Firstly try to sit and discuss with your wife alongside a mediator regarding the problems being faced by both of you and thereafter decide about getting divorced. If the meeting is not fruitful atleast talk about getting mutually divorced since that will take a maximum time of 6 months while contested divorce can take years to settle.

Advocate Suparna Sinha LawRato