Date : 03 Apr, 2019
Post By Barbie Duggal
Divorce is a toll on emotions. Neither men nor women are
happy, rather they both are on edge and are not at all rational. Especially men in India, who do not like to
express feelings, are more troubled
by divorce than they think. And that
is why men getting divorced should
open up to all emotional issues rather
than curbing them to better deal with divorce.
The procedure is same for everyone, there is no “gender” bias in divorce laws.
It actually depends on the law you got married under. I am assuming you were married under Hindu law
There are two broad types of divorce –
-when you and your spouse jointly agree that their marriage needs to be dissolved (divorce by mutual consent), and
-when either you or your spouse approach the court for dissolving the marriage due to the other’s faults.
Steps to file a petition are:
a lawyer and provide him with all the relevant details
-Lawyer files a petition in court
-The court will send a copy of the petition to your spouse
-The spouse could contest or agree to the divorce. If she contests it then the length of the process would depend on the facts of the case.
-In case of mutual consent the spouses need to prove that they have been staying apart for more than a year
-Once the proceedings are over the court gives a period of six months to reconsider the decision to divorce
-In case the petitioners don't withdraw the petition the court grants the decree to divorce.
is a list of must-do-things in divorce that men getting divorced should first
have their hands on.
· Get a good divorce lawyer: Don’t think much, Lawtendo provides the best divorce lawyers. A good lawyer is the one that makes or breaks your case. And remember lawyers are in for their business and not for getting you what you want. It never hurts to keep a check on your lawyer activities and his plan of case proceeding rather than blindly trusting them with your information.
· Discuss division options: You and your wife should agreeably settle down for an intelligent way of dividing the property to avoid long drawn court battle and avoid extra expenses. Though in India, it is very tough for women to claim right on property, yet it is safe to understand how much she expects so as to prepare you.
· Avoid indulging in relationships during divorce: Most men in India cannot avoid the temptation of forming another relation while still in the divorce process. But for men, it is even more essential to maintain an image in front of court to alleviate the severity of consequences of already favored decisions of divorce towards women. Dating during the divorce process should be avoided.
· Maintain communication proof: Men often hate writing itsy-bitsy details about what happened today with wife and all those family conversation. However, it is the key to your case and can earn you nice settlement agreement in court. Emails, phone calls and letters are evident that can be helpful to your case.
· Settle it once-and-for-all attitude: Don’t sign up the settlement agreement papers unless you are sure that it is all you can get away with. More often, you are so tired of the far stretched divorce proceedings that you just want to put an end and settle for unwanted agreement, which often turns out to be expensive in the longer run.
However cruel and calculated it may sounds, truth is that divorce is a fight and you can’t be generous in a fight.