[Rapidninja891]

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Rapidninja891
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April 23, 2025 at 12:46 pm

Lawyer here
1. Try counselling/therapy first. Even if you file for divorce there will be court mandated counselling.
2. Try for divorce by mutual consent. Decide child custody and maintenance matters together if possible. This also requires a minimum 1 year separation period and the court will give a further 6 month cooling off period
3. If all else fails, you need a separation of 1 year before you file for contested divorce

Yes, denial of sex by one partner for an unreasonable period depending on facts and circumstances of the case will amount to cruelty which is a ground for divorce. The burden of proof will be on the husband in this case but the standard of proof is much much lower than in criminal or other civil cases. Basically the court should be satisfied that you have just cause.
Mind, based on your lifestyles and earnings you may have to pay maintenance to your wife and will have to pay child support.
I have contested divorce cases that are 10 years pending and its better you dont go down this path.
Try to resolve things amicably or via a mediator/lawyer.

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