We can all agree that divorce is a difficult process. It may have a significant impact on your emotional and mental health.
Before filing for a divorce, it is important to consult with a lawyer in Delhi. Lawyers in Delhi offer a range of services that can be beneficial to you, such as consultation on the grounds for filing for divorce, drafting the divorce decree, and even representing you during hearings. By consulting with a lawyer in Delhi before filing for a divorce, you can make sure that the process goes smoothly and that your rights are fully protected.
Aspects to consider before applying for divorce in India
Here are the seven most important factors to consider before applying for divorce in India.
1. Your real estate
If you and your spouse own property together, it is best if you sit down together and mutually resolve to divide the property before filing for divorce in family court.
Here are a few alternatives for property division.
• You may opt to sell your home and relocate
You may both agree to sell the home and split the proceeds evenly. If there is a loan, it must be paid off or subtracted from the profits.
• You have the option of keeping the home as joint property
Nobody likes to sell their home, but sometimes circumstances make it difficult to make a choice. However, if you are certain that you do not wish to sell the property, you might opt to have equal rights to it.
• Only one spouse owns the home
If one of you decides to keep the property, the person who keeps it may buy out the other person’s part at market value.
2. Custody of your child
When a kid is involved, the divorce procedure gets more difficult.
If you have chosen to divorce your spouse, be sure to negotiate child custody.
If you and the kid cannot reach an agreement, the court will determine custody based on the following factors.
The welfare of the child, not the rights of either parent, is the court’s first and greatest priority.
Because ‘gender equality is one of the basic values of our constitution,’ both the mother and father are equally entitled to custody of the kid.
A nonworking mother will not be disqualified, but the earning father will be required to pay child support.
When the kid reaches the appropriate age, access and custody are granted in accordance with his or her desires.
3. Your financial accounts
If you and your spouse have joint bank accounts, be careful to divide them before filing for divorce.
If you do not do this, the court may issue an order freezing the account until the court procedures are completed or the ultimate settlement is reached.
If a loan or EMI is paid via joint accounts, the money should be shared once the interest is deducted.
4. Your financial investments
If you and your partner have purchased assets and money from the securities market together, you have two choices.
You may either sell the assets and finances or share the proceeds evenly between you two.
Alternatively, you might wait for the money to generate good turnouts before dividing them evenly.
However, if you and your partner are unable to reach an agreement, you may petition the court to resolve the case for you.