2007-04-14 05:32:14 · 23 answers · asked by Sunny 1 in Family & Relationships ➔ Marriage & Divorce
First tell me are you an Indian married in India with an Indian? Secondly according to which form of marriage you got married in India i.e. you religion? These facts are necessary for me to know before I can advice you according to which matrimonial enactment applicable to you for seeking divorce &on what grounds you can get divorce. In India for every religious marriage there exist a different matrimonial & divorce enactment & unless I know according to which form you got married wont be able to guild you correctly. For example according to the Hindu Marriage Act,1955 the desertion of two years or above is a ground for divorce for Indian Hindus , but the same will not be a ground for divorce according to the Indian Divorce Act,1869 which is applicable to Indian Christians.
2007-04-14 18:51:00 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 1⤋
Do you have any kids? Will you support the kids when the judge gives your wife the full custody? Have you been a good father? Were you there for them when they scratched theor knee when they fell down? Have you ever said I Love you to your wife? Did you support her when your parents were probably rude toher? Have you been a good husband?
If you have tried all you can and you wont be a dead beat dad, then go ahead and get a divorce. So get in toouch with a divorce attorney. Look for an attorney in the yellow pages. It will cost you though
2007-04-17 16:04:03 · answer #2 · answered by nice guy 4 · 0⤊ 0⤋
You start by getting a lawyer.
If you cannot afford a lawyer, go to the court house and speak with the court clerk, he/she will be able to help you with your own paperwork.
You have several options, one of which does not require your wife at all. This one is to be done by an attorney, but all you do is file the needed paperwork, the attorney puts an add in the paper, and after a state mandated period of time, boom, you are divorced.
2007-04-14 05:49:56 · answer #3 · answered by Trina B 2 · 0⤊ 0⤋
If you reside in India, I've heard that it is very hard to get a divorce. If that's the case, I'm very sorry for you. However, if you live in the U.S. then getting a divorce is very easy, sometimes costly, but easy nonetheless. If you do live here in the U.S., then just pick up your phone book and look in the yellow pages. Look under A for Attorney and then look for one that specialises in divorce. Your best bet would be to not just go with the first one you find, but call around and compare prices.
Have the two of you tried marriage counselling? Just a thought.
Best wishes to you!
2007-04-14 05:49:37 · answer #4 · answered by bettywitdabigbooty 4 · 0⤊ 0⤋
Divorce petition is to be filed before the District Court (Family Court in Metropolitan areas) alleging and proving through cogent clinching convincig evidence (oral & documentary) any of grounds specified for divorce under the Marriage Act e.g. Sec.13 Hindu Marriage Act 1955.
There is no concept of divorce in Hinduism. Hindu marriages are performed between their souls (not bodies) in heaven (not upon earth) in presence of 330 million gods and goddesses. Indian Government enacted Hindu Marriage Act in 1955 as legislated by multi religious Members of Parliament and created a chance for divorce to be granted by secular courts. Despite such legislations and courts' divorce judgments/decrees, their spiritual wedlock remains intact being eternal, everlasting and unbreakable even in future rebirths. Despite marriage with others after divorce, wife continues Ardhangini (half body) of her former husband and he continues her Pati Parmeshwar (Lord).
In Islam divorce is the most worst among permissible. In unavoidable circumstances only there may be a divorce.
2007-04-14 09:43:59 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Since you are already separated just file for the divorce. If she does nothing about it so be it. The divorce will be final in a year if she likes it or not. If she contests when its time to go to court she can have her say but the divorce will still go through.
2007-04-14 05:50:55 · answer #6 · answered by Victor B 3 · 0⤊ 0⤋
Try to patch up before settling for a divorce, as ur kids(if u have ) will be the worst sufferers! There are always two sides to a coin-try to live in harmony, may be these years of separation bring about something good for you both. Give peace a chance!
2007-04-14 05:43:25 · answer #7 · answered by anil m 6 · 0⤊ 0⤋
Physical seperation for a certain period (I'm not sure how long, though) qualifies a spouse or couple to apply for divorce. That coupled with torture should make it a prime case for unilateral divorce. Get in touch with a good divorce lawyer.
2007-04-14 06:43:14 · answer #8 · answered by Modest 6 · 0⤊ 0⤋
I received a divorce by default because my ex wouldn't sign the papers. It took a little longer but in the end I was just as divorced!
2007-04-14 05:42:59 · answer #9 · answered by nailgal2005 3 · 0⤊ 0⤋
If your wife is not living with you and is unwilling for a divorce, where exactly she is living is very important is she in the same city or left the city or left the country.
If she is not in the city you reside forget it . live alone and have good time with your children , parents & friends. and leave it to God to do the rest
2007-04-14 06:25:54 · answer #10 · answered by Ravikumar S 1 · 0⤊ 0⤋