How to go About Divorce Consultation in India

0
29

Going through a divorce is very stressful and can be one of the most trying phases of one’s life. That is why you require the right divorce consultation during this time with a trusted and able divorce lawyer or attorney. While you are already going through an emotionally exhausting phase in life, your lawyer can help you sort the legal part out so that you do not get stuck in any legal proceedings.

Is it Necessary to Consult a Lawyer?

Things often get messy during a divorce, so being your own representative might not be the wisest decision. Moreover, the legal proceedings are often too complex and uncertain, so it is best to let a professional deal with them. When it comes to a case of divorce, going without professional legal representation might end up in you not getting what you were seeking. A divorce can be life-changing and can heavily affect your emotional and financial state, therefore it is always wise to get a divorce lawyer who is experienced in his field and is well-studied and knowledgeable enough to steer your case smoothly through the proceedings. Therefore, consulting and hiring a divorce lawyer is very important.

How Does Divorce Consultation Help You?

Even before you file for a divorce, seeking a divorce consultation can be very helpful. During this time, you need to discuss several important aspects of the divorce with your lawyer that surely cannot be delayed. Not only will this step help you to assess your financial angles but also help to understand what your post-divorce life looks like. Here is how a divorce consultation can help you out with the legal proceedings:

  1. Your Lawyer can actually make the process less stressful

Although your emotional and mental stress isn’t going anywhere when it comes to seeking a divorce, your lawyer can actually help a lot to at least secure your financial side during this time. You do not have to take the burden of legally representing yourself in court where things can very difficult at times. Rather, your lawyer will gather all the information to present in court and also look after all the paperwork so that you get enough time to deal with the stress. You will also receive ample help from your lawyer on how you can handle the divorce proceedings.

  1. You can get all your legal queries answered

There might be several questions and queries in your mind regarding the legal proceedings, and you can get all of them cleared and answered by your attorney. You may also discuss what your post-divorce life might look like, and that may mostly include settling financial assets, liabilities, child custody and support, spousal support, etc. If you haven’t filed your divorce yet, then you can consider several other methods to settle your divorce out of court to save all the hassle. Processes like divorce mediation and collaborative divorces can be done in a few cases, and you can discuss them with your lawyer.

  1. Plan Out Your Strategy

A proper divorce consultation can help your plan out the strategy you wish to take for the legal proceedings. There might be things that you have to get done before pursuing the legal route. For example, if you are unemployed still, then you may need to find a full-time job to financially secure yourself before going for a divorce.

Things to Keep in Mind Before Filing for a Divorce

The divorce will change several aspects of your life, therefore it is important to deal with them before filing a divorce. A divorce consultation with an experienced lawyer will help you sort these issues out. These are the few things that you need to keep in mind before filing a divorce:

  1. Residence and Property:

If your residence or any other property is jointly owned by you and your spouse, you need to decide what can be done with it before you go for a divorce. You can either opt to sell the property and equally divide the proceeds among yourselves. Or, if one of the spouses is retaining the house, they should buy out the other spouse’s share according to the market value. It might also happen that you mutually decide to keep the house jointly. In that case, make sure to draft the liabilities and claims in the separation agreement regarding the property.

  1. Bank Accounts

If both spouses have a joint bank account, then either they should separate the said bank account or seek a court order to get the account frozen during the span of the court proceedings and before the case is settled. If that account is used to pay loans or EMI, then the spouses should divide the money taking into consideration the bank interests as well.

  1. Custody of Children

When you have children with your spouse and they are below 12 years old, or if they are minors, then guardianship can become a very important issue in your separation. Usually, the mother gets the custody of the child, or the spouses may mutually decide who will have the custody of the child. If not, then the court can decide on who gets the custody, and in this case, the determining factor will be the welfare of the children and not the legal rights of the parents. Because the mother usually gets custody of the child, even if the mother is unemployed, it is the father’s responsibility to give the child support.

  1. Matters of Alimony

Alimony is a type of financial or monetary compensation that is given to a spouse who is not able to support themselves financially during or after the separation. The matters of alimony can either be settled mutually or through legal means like mediation and conciliation which are usually done outside court, and can then be taken to court.

Certain parameters are considered when alimony is being determined:

  • When both spouses are earning, the court usually rules the husband to provide alimony to the wife if his earnings are very high
  • When the wife is unemployed, then the court rules the husband to provide alimony so that she can have an equal standard of living
  • If the husband is unable to earn for some reason or is disabled, and the wife is working, then the wife has to provide alimony
  • If the wife is remarried, then the husband does not have to pay alimony but still continues to pay for child support if they had children.

These are the few things that should be kept in mind while seeking divorce consultation. It is best when you chalk everything out and then file for divorce.