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NThe lawyers are right. It’s better to get divorce via mutual consent and agree on the terms of settlement during the mediation discussion. Sign the agreement and get the divorce.
These things need to be handled calmly. At this point the mother should think the most about her child. Clearly the father didn’t think about his child, so it’s clear who is the smarter one hear.
The mother must think about her child and get it done with as little commotion as possible.
With children in equation, a divorce affects a child the most. It’s better to leave peacefully and spending as little in legal charges as possible, as she will now need to save for hee child’s future. But do try to get some amount from the father for the child’s maintenance till child turns 18.NNAL
Considering it is less than a year since you registered your marriage. Best is to discuss with your wife calmly and get a annulment.
You can not do Mutual divorce with consent yet, as it requires marriage to be 1or greater than 1 year old and you gotta show separation of 6-12 months I.e. you two are living separately.
So best is discuss with her in a calm composed manner, hold your frame. Get her to consent to an annulment.
Better to get a lawyer prep up as what to do and then discuss it with her.
If you involve families things will get very bitter. Make her understand this as well. Let her know that you don’t have any problem with her starting fresh with her boyfriend, it’s her life and she has freedom to choose. But if she doesn’t cooperate and end up sharing things with family then you won’t be able to help her get out of this situation peacefully.
Get a good female lawyer OP.
All the best.NNAL
But Alimony is decided based on the full disclosure of both of your income, assets etc.
If the woman earns enough then she may not get Alimony but if kids are below 18 then you will be ordered monthly maintenance for the kids. Or you will be ordered to pay a lump sum for the kids future.
But if you get the kids custody and if it gets proved that she earns enough to “maintain same standard of living” by herself then she may not get.In these cases best solution for men is mediation, if she is also ready for divorce then get into mediation and negotiate to give her minimum and take custody. Tell her kids can be with you as it will get her the freedom to pursue or start a new family and she won’t have to take care of their expenses. Negotiate a nice visiting schedule for her and stick to it.
Otherwise, milords will always look her as mother of the kids and her cheating will be only treated as a reason for divorce. As a result. You will have to pay what the milords will deem fit for the kids maintenance and if custody goes to her then it’s paramount to maintain the mother of the kids properly, so that no hiccups come into the child’s future growth.
Consult an experienced lawyer of your area, they will tell you the trend going on in your local courts.
NI agree that maintenance for the minor daughter will be lower, but there will still be Alimony factor. Courts will definitely review all the assets n incomes of both parties. If OPs mother actually earn that high and also has assets in her name, then there is a small chance of no Alimony. But in my personal experience even in SC, for a woman who has a full time job for past 11 yrs, with no kids, Mediators forced me to pay a nice lumpsum.
So I will say again that OPs father will still have to suffer financially, socially and legally as well.
There’s no easy way out for her and her father.
Regarding the custody you may be right. I forgot that OP once turns 18 will also be counted as an adult and if, only if, you guys can prove with sufficient solid evidences that OPs mother was cheating on her father, then i agree with you that they will get minor daughter’s custody.
But if OP is thinking that the other party’s lawyer won’t create a strong case for minor daughter’s custody, and Alimony, then she has lot to learn. Her mother might be narcissistic but she is still a mother, she ain’t gonna fight easy.
Ohh BTW all these legal cases will definitely last long. Mediation remains the fastest way to resolve the issues.
Downvote as much as you want, reality is very stark from the reddit world.NNot A Lawyer,
Yeah but your sister won’t turn 18 any soon. So your father will still end up paying huge sum of alimony. There’s no way you can tell him in next 10 yrs, without hurting him mentally, financiallly & legally.
These legal battles are way too skewed against a man. Plus the length of these battles and the amount of bad name it brings to the family will ruin your father.
The best thing you can do is play dumb. Let your mother make mistakes and you take advantage of it and keep gathering evidences.
One day when you are earning yourself and by that time if your sister is above 18, then tell your father. Let him make his decision about how to move ahead with all the evidences.
The best thing would be to get a mutual divorce. It will save huge time & money.NHey OP it’s kind of messy situation.
Better to walk out of it, cancel the wedding. A girl cancelling the wedding has no legal implications.
But the problem is that your sister has become intimate with the guy.
And if this is her first time being intimate with a man then it will scar her pretty bad. She would have already fallen for him else she would not have become intimate with him.
Talk to her separately. I think it’s not our job to tell her what to do. See what she wants to do as well. Then let her take a call and support her the best way you can.
Don’t take things the legal way as it’s not required here and it may bring bad light on your sister which may impact her future marriage prospects.
Better deal with this situation as cautiously as possible.NHey OP, what your sister went through is very sad and my sympathies to you and your family.NAL
Few things I didn’t like from your side as well though. And I see that as the main reason for your sister’s trauma now.
After 2 years she told you all this and you guys immediately went and filed DV case?
No discussion with the grooms family as why they are behaving like this or what do they really want?
Now you are telling that you just want divorce for your sister?OP only file cases on other people when you are ready to fight a lengthy legal battle for years to come. This should be your only option if there is no other solution left I.e. in case of marriage disputes, always go for Mediation and mutual divorce.
Also, I read your content and I dont see any mention about your sister being beaten or any violence against your sister, so on what basis did you guys file DV? I am confused a bit and feel there’s more to the story that you are hiding.Next steps: For now you & your family have tested the legal waters of our country so I hope that you will not act in vengeance or revenge from this point forward.
So, pitch for mediation asap and get inside a mediation center and get things sorted in a mutually agreed settlement asap. If the other side is greedy for the jewelry then let them have it. But reach on a settlement asap. Your past decisions have caused immense trauma to the poor sister. Don’t drag her more into these court battles.
If your lawyer’s are itching to fight in the court battle, then change the lawyers. Find lawyers who will help you end this lengthy battle via mediation.All the best OP.
NHey OP
NAL
But if she is ready for divorce go the Mutual divorce way. Anything else is a huge waste of time. I think we will agree that your brother also wants the divorce, so in that case better to go for Mutual Divorce.
Let your brother tell her that he will arrange for a lawyer for the Mutual divorce and will bear the expenses of the lawyer. As she is independent & matured(stroke her ego and inflate it a bit), she doesn’t need your brother’s sorry money.
If she agrees, get the lawyer, prep the petition asap and file it. Then let the lawyer meet her and ask the lawyer to build rapport with her as well so that she doesn’t get spooked at any point.
Let the lawyer be the messenger for the hearing dates and Anything else except the money part.
Don’t fight with her till the signature are done in the mediation on the mediation report. In case she has some demand, just say okay, let her know that you will also have some demands and those will be discussed during the mediation.
If she is hung on alimony, try to mediate it with help of the mediator 1:1 I.e. don’t negotiate with her, rather negotiate with the mediator. Don’t let the mediation fail if your offer is just short of couple of lakhs compared to her final demand. I know it’s a lot of money. But trust me the peace is worth it.All the best OP.
NApart from the house loan, what are the other loans that he took?
Legally as you have signed so now you are the co-borrower. However your father is paying the loans so things will only fall on your shoulders if he dies.Morally, if the loans are taken for family purpose and not for your father’s own fun or personal consumption, then I would expect you to support your family and work hard, earn more and pay the loans as fast as you can. Make your family debt free. Your are a son, it’s your duty to provide for your family including making them debt free. It’s difficult but over a period of time, you will be able to figure out things. Don’t stress on it.
If the loans he has taken are wild and for maintaining his status or fun or personal consumption then DO NOT sign the papers and don’t become the Co borrower. Move out, you are self sufficient to survive on your own. Let him feel the burn of his stupid decisions.Financially sit down with your father, note down all the loans, their period, and the combined EMIs. Do a reality check if you alone can pay the emi and continue to support yourself & family. If not then point this out to your father and don’t sign any more papers to become coborrower for new loans. What you have already signed, you will continue to be liable for it till the loans are paid off.
Don’t fight with him or curse him or blame him. It will not fix the problem. Handling it like a man can only show you the path. Taking small steps will take you & your family forward. Don’t make the same mistakes that your father did.
All the best OP. I am sure you will get the whole family out of this mess. You have it in you and am sure you will smartly tackle things out.
