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FAQ

What are the procedures to do before file for a divorce?
How can I apply for divorce by mutual consent?If you and your spouse have been living separately for more than a year, you can make an application in court with your spouse. A legal divorce can only be granted by a Court - police stations or marriage bureaus cannot legally issue documents to dissolve a marriage.You need to make a clear declaration that all possible efforts at reconciliation have failed and there is no chance that you will be able to resume living together. You need not be physically separated • you could be living in the same house and not be having a conjugal (sexual) relationship.After being satisfied that both the parties indeed want divorce, the court has a duty to decide your petition in 6-18 months. During this time period, the court will try to mediate and ensure that both parties have mutually decided to end the marriage.Which court do I approach?You can file a divorce petition at:(a) place where the marriage took place,(b) place where you or your spouse last lived together,(c) place where you are living, or(d) place where your spouse is living.There are ‘family courts• which have been set up in different parts of the country under a special law. If there is a family court in your district, you should approach this court. If there is no family court, you should approach the district court.What if I do not have any place to go to? Will the Court allow me to stay on in the house that my spouse and I live in?Unfortunately, there is no clear legal right which give you an ownership right or right to reside under the religious law. However, the Supreme Court has on occasionrecognized the right of a wife to contest eviction from her matrimonial home by a landlord. There is a more clear right to residence in a shared household under the Domestic Violence Act • however, here again the right to residence in property owned by in-laws or other third parties is not unconditional. The courts will examine your right on a case-to-case basis.Read this simple guide to know more about the law Getting a Divorce - Hindu
How do I get my husband who moved out 18 months ago to file for a divorce?
You don’t need your husband’s “permission” to divorce. I suggest that you contact a lawyer to represent and protect your interests and get her to file the papers for you, You have the right to initiate the divorce if you feel that the marriage is over, go for it!
Why don't schools teach children about taxes and bills and things that they will definitely need to know as adults to get by in life?
Departments of education and school districts always have to make decisions about what to include in their curriculum.  There are a lot of life skills that people need that aren't taught in school.  The question is should those skills be taught in schools?I teach high school, so I'll talk about that.  The typical high school curriculum is supposed to give students a broad-based education that prepares them to be citizens in a democracy and to be able to think critically.  For a democracy to work, we need educated, discerning citizens with the ability to make good decisions based on evidence and objective thought.  In theory, people who are well informed about history, culture, science, mathematics, etc., and are capable of critical, unbiased thinking, will have the tools to participate in a democracy and make good decisions for themselves and for society at large.  In addition to that, they should be learning how to be learners, how to do effective, basic research, and collaborate with other people.  If that happens, figuring out how to do procedural tasks in real life should not prmuch of a challenge.  We can't possibly teach every necessary life skill people need, but we can help students become better at knowing how to acquire the skills they need.  Should we teach them how to change a tire when they can easily consult a book or search the internet to find step by step instructions for that?  Should we teach them how to balance a check book or teach them how to think mathematically and make sense of problems so that the simple task of balancing a check book (which requires simple arithmetic and the ability to enter numbers and words in columns and rows in obvious ways) is easy for them to figure out.  If we teach them to be good at critical thinking and have some problem solving skills they will be able to apply those overarching skills to all sorts of every day tasks that shouldn't be difficult for someone with decent cognitive ability  to figure out.  It's analogous to asking why a culinary school didn't teach its students the steps and ingredients to a specific recipe.  The school taught them about more general food preparation and food science skills so that they can figure out how to make a lot of specific recipes without much trouble.  They're also able to create their own recipes.So, do we want citizens with very specific skill sets that they need to get through day to day life or do we want citizens with critical thinking, problem solving, and other overarching cognitive skills that will allow them to easily acquire ANY simple, procedural skill they may come to need at any point in their lives?
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My wife and I have agreed to file for divorce by mutual consent. How long does it take to complete divorce proceedings in India?
How to get Mutual Consent Divorce?Posted by: Nitish BankaCategories: Civil Law Family LawNo commentsMutual consent Divorce Procedure and complete guideWhat is Mutual Consent Divorce?Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.Procedure to get Mutual Consent DivorceHere are some of the requirements of getting divorce by mutual consentMutual consentAs the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consentHow to come to a mutual consentThe husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.Mutual consent Divorce2. Preparation of Mutual consent divorce agreementAfter oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.3. List of documents for mutual consent DivorcePetition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.4-5 recent photographs to be pasted on petition and agreement.Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.Id card with address proofNote: you must carry originals at time of court hearing.4. Court HearingsAt the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.Common questions like date of marriage and separation?custody of children?Consent is without any coercion or undue influence?After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.Conclusion of Mutual consent divorce ProceedingsAfter the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.By Adv. Nitish Banka9891549997
How long do you have to be married in CA to file for divorce?
There is no minimum time between when you marry and when you can file for divorce (technically called dissolution of marriage). Welcome to California.Often marriages that blow apart within days or weeks will end with an annulment (technically called nullity of marriage), but not all short marriages qualify to be annulled and the parties need a dissolution of marriage judgment to end their marriage even though they were together after the wedding for just a few days or even less.I once granted a dissolution of marriage to a couple who got married, went to the wedding party, and then each went back to his or her own parents• house that night and they never saw each other again. But no one did anything about the marriage until one of them filed for divorce several years later.
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