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Separation from wife living at parents house with me


14-Aug-2023 (In Family Law)
Hello I have been married for past 8 yrs with 2 kids. We live at my parents house. However, the relationship of my wife is very poor with me and my mother. She is extremely quarrelsome and is also into multiple extramarital affairs (though she acknowledges only one and says it is only romantic and not physical). Our conjugal relationship is almost zero. She says she is ready for a mutual consent divorce. At the same time, she is not vacating our house. She is a housewife and is currently pursuing MA. I used to work outside my hometown but due to the extreme chaos at home I had to quit my job. I now wish to start my life afresh. I also wish to take custody of our kids (aged 7 & 5). Under the above mentioned circumstances, what is the legal way forward? Can I apply for divorce even when we are living in the same house? If I need to evict her first then what is the legal way? How expensive and time taking would the legal procedure be? Thanks a lot.
Answers (1)

Answer #1
998 votes
DEAR SIR
YES YOU CAN FILE DIVORCE WHILE BOTH OF YOU RESIDING IN TH SAME HOUSE.
MY SUGGESTION IS DO NOT EVICT HER FROM HOUSE BEFORE DIVORCE, THAT MAY CREATE PROBLEM FOR YOU.
IF BOTH OF YOU FILE MUTUAL CONSENT DIVORCE THEN IT WILL TAKE 4 TO 6 MONTHS AND THE CONTESTING DIVORCE IS FILED THEN IT MAY TAKE 12 TO 18 MONTHS.
EXPENSES DEPENDS ON FACT AND SITUATION OF THE CASE.
FOR DETAILS SUGGESTION KINDLY CONTACT.
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