Divorce Formalities - self and wife married 8 years back
1 year ago
My self and wife married 8 years back and it was a love marriage, now a month back she took my 5 years old son moved out from home.
1. We are basically native from Kerala and married and registerd marriage in Kerala.
2. Currently living in Bangalore in a rented house and she now moved out to a different rented house in Bangalore.
3. She is saying she can't stay with me because I am caring her, and she needs mutual divorce.
4. I need she and my son back and I am accepting my mistakes. I even told this to her.
5. She is getting a advise and support from her parents to go for divorce.
6. Before going out I had a discussion with my wife and she said I need some time so I need to leave this house and stay with her parents in Bangalore.
7. How to deal with this situation, I am trying all possible ways to involving my parents but she said she wont change her decision.
8. Before going she said she will allow me to show my son in weekends in our in mall or in any place. But while asking her now she is denying by saying I can't handle my son if u see him.
She said , she had taken legal advice and planning to sent notice. I am really hopeless and drained all my energies and emotionally down.
Request a proper advice to take this matter forward.
I can understand your situation as this is emotionally too taxing and draining for an individual. I shall suggest you to get in touch with a lawyer immediately so that you can very well navigate in this matter without much heart burn.
If she is ready to send you a legal notice then you are also required to seek proper legal help.
Thus, she does not need your consent to file a Divorce Petition in the appropriate Court.
During a contested divorce proceeding, the issue concerning child custody becomes a matter for the court to decide. The court takes the best interest of the child into account while deciding the custodial rights. The court will decide on the basis of the circumstances of every case and for the welfare of the child.
Once you’ve been served with a notice, you will have 30 days to respond to the Petition for Dissolution of Marriage. You may not agree with what your spouse has alleged or what they are asking the court to do. You can file an Answer and Counterpetition alleging different facts and asking the court to take different action (for example, to give custody of your children to you instead of your spouse). Once the thirty days have passed, and an additional 21 days, the court may enter a “default,” The court assumes that your failure to answer the Petition for Dissolution means that you don’t want to participate in the divorce process. Rather than let you derail the process, the courts will allow your spouse to move forward with the divorce without you.
What that means is that your spouse may get everything they ask for including custody of your children, child support, and even spousal maintenance. And because the default eliminates the need for negotiation, discovery, or a trial, the divorce you didn’t want might be granted even sooner.
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