Each relationship is unique and so is each divorce. However, there are certain common concerns and questions that people who consult our experts on getmeadivorce.com face. We asked our lawyers to give concise answers for 5 of the most often asked questions to help make things easier for you.
Question # 1
Can just one spouse file for divorce?
Yes. In cases where you want a divorce but your husband/wife is unwilling to take that step, you are well within your rights to approach the courts and file for divorce. This will be treated as a contested divorce, and your spouse will have to appear in court to either fight or agree to the divorce. This is especially valid for those people who have been deserted or abandoned by their spouses for extended periods of time.
You can read a detailed article on what to do if you’ve been deserted here.
Question # 2
How much money can I get in alimony or maintenance from my spouse?
This is perhaps the most frequently asked question on getmeadivorce.com . As our lawyers explain to everyone who asks, there is no one answer and no set formula. The important thing to keep in mind this that, alimony isn’t designed to be a revenge tool or to make one spouse rich. The purpose behind alimony is to ensure that the spouse entitled to alimony gets financial assets that are strictly necessary to maintain a similar standard of living post-divorce. Settlements take into account incomes from salary, savings, and property at the time of divorce.
To know more about the how, why and how much of spousal support click here.
Question # 3
Can I get child custody even if I’m earning less than my husband/wife?
For the courts, the foremost matter of concern in custody cases is what is best for the child. The financial standing of either of the parents takes a backseat. The courts factor in the “welfare of the child” over and above the “rights of the parents”. That means that courts want to evaluate where the child will be safer, better looked after, and have access to better healthcare and education in addition to emotional and mental wellbeing. Either or both parents can approach the courts for sole/joint custody. In cases where the custodian parent is not earning enough to support the child, the other parent will be mandated by the court to pay child support to ensure his/her wellbeing.
Read this to know more about how Indian courts decide child custody
Question # 4
I know my spouse is cheating. What are my next steps?
Infidelity and Adultery are plaguing marriages of all ages, with spouses of both sexes engaging in behavior that is destroying their marriages. According to our lawyers, these scenarios need to be dealt with systematically. Before you confront your spouse you should ideally have enough evidence to back up your claims. Once you do, then have an open conversation about the way forward; each couple deals with cheating in a unique way with some willing to give the errant spouse a second chance. If you are willing to work your way through the problem, mediation can help you save your marriage and avoid the divorce court altogether.
We’ve explained how marriage mediation works here.
Question # 5
Can a husband file for divorce on basis of cruelty and abuse?
One of the biggest myths is that only women can be victims of abuse, be it mental or physical. Indian laws recognize cruelty as a valid ground for divorce for both men and women. Abuse in any form, and even threats of violence are seen as cruelty by the courts and you are well within your rights to approach the courts for respite; they will uphold your rights to safety and mental wellbeing. Though physical abuse is easier to prove in court, you should keep a record of mental or verbal abuse if possible, it will ease your way to a safer situation.
We’ve talked more about the Cruelty clause in the Indian legal system here.
This is not an exhaustive list, if you have questions or concerns that need to be answered talk to our lawyers today. getmeadivorce.com is here to help you navigate this difficult period in your life and empower you to start a new chapter.