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EMy friend has been in an mentally, emotionally, financially abusive marriage for the past 7.5 years.
They haven’t been physical for the past 4-5 years
Now the guy has taken a huge loan without informing her and is talking about how she should make him the benefactor of the insurance, making her afraid for her life.She wants to divorce him on mutual grounds and doesn’t want any alimony or anything from the guy and his family.
She is certain that the guy might do drama for the mutual divorce and would stretch this matter as long as possible.
So what can be done in this case so she can get a divorce and get on with her life?
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DHi. Delhi based lawyer here. The first and foremost requirement for a mutual divorce is for both parties to agree to divorce each other, on mutually agreed terms. Without that, there is no mutual divorce. So either she can convince him for a mutual divorce in some or the other manner, or she can file a divorce petition, which he can contest. The former lasts a few months, however, the latter takes a couple of years. However, a contested divorce can be converted into a mutual divorce if both parties agree to do that in the middle of the proceedings. But either divorce can be filed only after the parties have even living apart atleast for a year.
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EThank you for the information. My friend contacted a lawyer and he gave her a roundabout saying that you don’t really need to stay separately after filing for divorce which I told her is bs because that’s what I read online.
Also, she thinks that initially her husband might agree for the mutual divorce but after the seperation period there is a possibility he’ll do all sorts of drama to prolong the process.
She’s trying to talk to his parents to put some sense into him but on the other hand she’s worried about her safety as well.
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DHonestly, in very exceptional cases, the courts might entertain a divorce petition wherein the parties are not living separately but mostly they won’t. There have to be great reasons not to be able to do that. Your friend must start living away from him at the earliest, if at all she has to divorce him, no matter whether their divorce is mutual or contested.
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ULiving apart part is what you tell the court. If the other party says no, then obviously it is not mutual anyways.
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