- This topic has 11 replies, 6 voices, and was last updated 1 month, 2 weeks ago by
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UAround 10 months into marriage, I wanted divorce due to continuous mental cruelty by my wife. Since divorce generally cannot be filed before 1 year, I filed for judicial separation instead.
Now more than a year has passed, and during hearing for admission of the case, the judge asked whether I still want judicial separation or want to go for divorce directly.
I had also alleged adultery, but I only have chats/call records, which may not legally prove it. I do have evidence that my wife secretly met her “boyfriend” during our engagement and hid it until I found photos after marriage.
The judge said that if I continue with judicial separation, it may amount to condoning the alleged adultery, so I may not be able to use it later as a divorce ground.
Initially I chose judicial separation because:
* I did not meet the 1-year divorce requirement
* My wife was still living with me and I urgently needed separation
* I feared fake cases if I directly filed divorce
* Judicial separation seemed easier relatively as compared to getting a divorce
* the plan was to get judicial separation first, and then get divorce.
* the learning from judicial separation will help in fighting the divorce case better.But now:
* More than 1 year has passed
* My wife has already left
* I have more evidence now
* Fear of fake cases still exists**Should I continue with judicial separation, or withdraw it and directly file for divorce now?**
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UGo negotiate a settlement with your wife and get a mutual consent divorce. With a contested case like judicial separation or divorce, you will be in the court for next 10 years without any resolution.
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UYou also need to change your lawyer. Cannot understand what purpose did filing for judicial separation serve.
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UDivorce requires at least a year after wedding before you can file it. i needed immediate relief because I had got depression because of the acts of my wife and it was not possible to live with her, and every single day was deeply agonizing for me.
I had talked to my wife and she was ready to cooperate, so I had only one option of judicial separation because judicial separation could be filed anytime after marriage.
Second, given how her family is, if I go with judicial separation, it is not divorce and they are more likely to negotiate and risk of false cases is slightly low.btw, are you a lawyer? had you read the post?
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UNothing can prevent them from filing false cases against you and your family if they want to. They can file it even if you don’t file any cases from your side. You should go and talk to her and negotiate to come out of this. Complicating things by filing cases will only waste your time and money. These court cases don’t get resolved. You live in India, not USA, UK.
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DNAL
If you are not in a rush to get married again, it would be a good idea not to file for divorce yourself.
I say this because apart from false cases she may try to claim maintenance and may even forcibly try to re enter your house.
If you wish to just be done with it or remarry , you should try for mutual divorce discussion with her but it will be expensive for you most likely .
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Uthis feels like one of those moments where the strategy that made sense earlier may not fit the situation anymore because the circumstances have already changed a lot since filing judicial separation the part that usually matters here is not just the adultery angle itself but how your actions afterward are interpreted in court which is probably why the judge made that observation also once both sides are already living separately the practical purpose of judicial separation can start looking different have you discussed with your lawyer how much of your current case actually depends on proving adultery versus mental cruelty because that distinction could end up shaping the next step more than the label of separation or divorce itself
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