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  • Category: Marriage

    How to apply for divorce after 7 years of separation


    Want to apply for a divorce for many years of separation? Looking out for the detailed procedure to apply for divorce? On this page you can go through the responses from experts and decide what to do ahead to marry again.

    I was married in 2009 through rituals in society, but not registered in any samaj not registered the marriage in court. Neither my name is mentioned as his wife anywhere on any papers. And we are separated till date after 6 months of the marriage i.e: nearly about 7 years.

    Now, do I need to apply for divorce if I want to start a fresh married life?

    Kindly do reply to my question as I am confused what to do ahead if I want to marry? Waiting for your kind reply.
  • #147104
    You marriage was in 2009, without regitrastion, you both have been seperated for 7 years. Now you want to go ahead with a divorce.

    1. Please double check whether you name has appeared in any documents that your husband or you have submitted for a loan,purchase,rental agreement,any ID document or legal document. If there is any possibility that your name could be listed as Mrs....., then it can come back to you as a potential issue after your second marriage.

    If this is clarified, then it is advisable, with the help of a good lawyer or both husband and wife to sign a MOU memorandum of understanding, that you both has settled all the claims and no liabilities are pending or would be entertained after the formal grant of divorce.

    2.Then, if you are going for Divorce by Mutual Consent (of both husband and wife), there is no need for a formal registration, the cards, photographs etc would be sufficient.


    3.Please be honest with yourself with regards to the relationships between both of you and both families, if there has been disputes, fights and bad blood between all involved and you have a good amount of investments or land or property, you would be going abroad for a good paying job, need a visa, then it would be better to register the marriage and then file for divorce as there should not be any grounds on which your first husband or his family can file for a share for the 7 years they have endured during an alleged 'troubled/unhappy marriage. Please have a chat with your family and then a good divorce lawyer and then take an informed decision that would help you to put the first marriage behind you with no future potential legal issues.

  • #147114
    Why you are staying separately. Is there any specific reason.it is always better to get legally separated to avoid further complications. Meet a qualified Lwayer and explain the case. He will suggest you the est way to divorce. You get all the facts and put befot4 thbv,v.k8
    drrao
    always confident

  • #147143
    I am not able to understand why you did not bother to register your marriage eventhough you stayed as husband wife for 6 months. Even if not formally registered, there can be many other evidence to prove your marriage.
    However there will not be much issues if the husband does not want to oppose divorce and both of you want divorce. So you can approach for mutually consented divorce and ask for early settlement by proving that you were separately living for so many years.
    it is proper that you get legal divorce even if marriage is not registered. For the smooth going of procedures contact a lawyer connected to Family court matters and do the needful, explaining at the very start that you are going for mutually agreed divorce , and don'have any claims on the other for anything. If possible both you have a sitting in the presence of the lawyer(s) and sign the mutual agreement papers.

  • #147179
    If there is no proof of marriage as it is neither registered nor documented then it could be a live in relationship and in that case a good bye is enough for separation as legal bindings are not there.

    As things are not so simple in practice it is better to deal such matters cautiously. A legal divorce is based on either on mutual basis or by giving notice by the initiator who requires the divorce on certain grounds.

    As financial strings are always attached to a divorce the grounds on which divorce is being asked should include such financial aspects.

    Please consider all these aspects and honestly give your notice to the other party. Please also remember the other party may have some other line to tow and their reply may surprise you or rather baffle you so considering all the pros and cons of separation these things are to be critically analyzed before hand.

    Knowledge is power.

  • #147184
    As far as I understand, social marriage is considered legal marriage if it not registered. The photographs taken during the marriage serve as proof of the marriage. So, if you want to re-marry, you have to formally apply for divorce in a court of law.

    As both of you have been living separately, I feel that it would be relatively easy to get the divorce. Here I assume that there is no child as a result of your marriage. If there is no issue out of your marriage and if you do not seek any maintenance from you husband, you can get divorce without much problem. I would advise you to contact a good and experienced lawyer and act according to his/her professional advice for speedy settlement of divorce case. Only then you should proceed for re-marriage.

    Caution: Explosive. Handle with care.

  • #147231
    I don't find any justification in delaying to secure divorce. It is a pretty long time that such a major issue has not been settled so far. May be you were waiting for an oppurtune time when your fiancé would resolve the past issues and you would be invited for the recompanionship after going through all the different angles.
    However, this did not happen and all I can see that you have lost your valuable time in normalisation of the relationship.
    Hence, it would be better to approach a lawyer appraising him of the past facts and seek a legal divorce even if your marriage was not registered through a court. Your marriage - card, photographs taken during marriage and the marriage - function where both of you were seen hosting the guests would be enough to prove that it was a legal marriage. You may start your marriage life a fresh by engaging a permanent negotiation with a suitable partner.

  • #147258
    Any proof like photographs or invitation card are sufficient to vouch for a marriage. So that is not a problem. Now going for a divorce is a personal choice and there may be many reasons for it. If it due to the cruelty or offence by the other partner then one can seek justice and financial security in a court of law.
    On the other hand if it is due to personal desire then a simple notice to the other party will be sufficient to initiate the divorce process. The other party will have their own comments and reaction on it and the further progress will depend upon that.
    It is suggested that opinion of a lawyer will have to be sought in such cases to avoid any unseen complications.

    Thoughts exchanged is knowledge gained.


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