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AI posted this yesterday, however, something went wrong with that account- I was told by a youngster that it was due to a sudden influx of messages on a new account. Hoping that this attempt works out.
I’m 42F, married to 46M for almost 20 years now. I wish to get a divorce. Simple.
A. I wish to go for mutual divorce, I do not think my husband will disagree as he simply does not care enough.B. there will not be any property dispute, things are mostly in his name. I wish to keep it as simple as possible.
C. I am leaving behind any jewellery/ expensive things he bought me over the years. I only wish to take my streedhan (what my parents gave me before marriage) , my ring and mangalsutra.
D. No custody issues, my elder son is already in college and my younger one has appeared for jee and will appear for advanced (hopefully, according to calculations). I will only pursue separation and divorce after my younger one leaves for college as I don’t wish to disturb his peace of mind at such an important phase of his life. I am using this time to get my ducks in a row.
E. I have been out of the job market for years now (family obligations, nothing further to be said) but I do volunteer work at an ngo currently and I have a standing offer (part time currently and hopefully full time after a stipulated time period). I invest in the stock market and have a little amount of money left over from my inheritance. No alimony demands, he can keep his money.
The obvious answer to my issue is to get a lawyer and I have started the process of looking for one. However, I wish to seek general advice from the page since I wish to keep the process as inexpensive and efficient as possible. I will be financially strapped and I do not wish to spend all my money on a lawyer, only as much as necessary.
So if anyone has actual legal advice on how I should proceed to keep this simple , please go ahead.
Kindly refrain from Shaming me for my decision, I am not a youngster or child anymore, any decision that I have made has been made after due deliberation. -
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UYour decision to take divorce is your life. No one can judge you on it fairly. Do you have possession of your streedhan or can you change its position?
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AI have it and I don’t expect any machivellian moves by my husband to steal them either. So I’m safe in that dept.
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UMy suggestion as a lawyer both to move it out of anyone’s reach those have even a 1% chance to favour him. A person is never over cautious in that regard. Also move your important documents like bank documents your ids etc.
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UIf you guys are going mutual, why don’t you explore an option where you don’t need a lawyer at all to save money. You need to put some effort in learning court procedures, documentations etc though.
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AHaven’t mentioned this to him yet. I’m trying to get my ducks in a row first before I actually sit and talk to him. That will have to wait until my younger one goes to college. We can do this without a lawyer? I was unaware and I shall look into this then.
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IFor mutual, legal expenses are not much. Hire a young lawyer in your jurisdiction who won’t charge you much. File the divorce petition and that’s it. Make sure you don’t pay the whole amount to lawyer in advance. Pay it in parts. Make the final payment after divorce is done.
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VHi lawyer from delhi here!
If you wish to seek mutual divorce you should discuss it with him and in two motions it can be wrapped up.
6 months cooling off period between both motions can be waived by way of application.
If he disagrees then a contested divorce is the only way out.
If you wish to discuss it in detail feel free to reach out for your legal rights.
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UNAL
You both can also hire same lawyer. Usually it is not advisable, but it seems everything is amicable in your case.
Lawyer will file paperwork and tell you how to present yourself in court. Thats all he has to do. If you can, get a reputed lawyer from your connections . It will be costlier but if connection is reputed there will no games.
Else , find a decent lawyer who has filed similar cases in the court of your choosing. Avoid giving all details. Keep discussions platonic and boring. Show yourself as middle class. Once papers are correctly filed, then it is a waiting game.
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