Type of Divorce
Mutual Consent : Both of you amicably agree and want to file for divorce
Contested : Only one person in the relationship wants a divorce
Judicial Separation: A de facto separation while you remaining legally married
Reason for Divorce
- Abuse and Domestic Violence
- Unfulfilled Career aspirations
- Spouse in a different relationship (Adultery / Bigamy etc…)
- Living separately / Desertion
- Presumption of death (spouse no longer traceable)
- Mentally ill spouse / unsound mind / Schizophrenia
- Venereal diseases or life threatening contagious physically incurable disease
- Change in religion
- Not a law abiding citizen, criminal, a cruel person who can harm you
- Non consummation of marriage / Impotent spouse
- Sexual abuse or spouse forces you into unnatural sex
Children (Child Custody)
- Custody of the child(if child is less than 5 years the custody will be with mother)
- Visitation rights to the other parent
- What happens if the child and divorced spouse leave the country
- How will the other divorced parent visit the child if in another country
- Who will take care of the educational expenses of the child
- Will the child live with grandparents of the divorced spouse
- How will the child be treated (if stepfather / stepmother situation is involved)
- Will the grandparents of the other party (divorced spouse) have visitation rights
- How should I prepare my child to accept parents being separated / divorced
- Have you thought of a detailed child custody plan and documented
- Have you made a list of points you wish to negotiate with your spouse w.r.t children
- Are all the documents / certificates / Govt. Ids / Bank Details etc… in your custody
- Do you feel, your spouse can emotionally bribe your children for custody
- Are you planning to relocate with your child, in that case prepare a relocation plan
- Have you considered other pros and cons with respect to child custody
- In case you want to remarry, would you continue keeping the child with you
Finances / Money matters
- Do you have the list of assets prepared and points of division of assets
- Home / Land and other real estate
- Bank Accounts Savings / FDs / RDs (Physical and Digital Access detail
- iii. Insurance Policies
- Mutual Funds / Stocks / Shares and Bonds
- Debts Payable and current status of loans if any
- Documents you have signed as Joint Authority
- (a) Vehicles (Cars / Two Wheeler’s / etc…
- (b) Debts related to Credit Cards / Overdrafts etc…
- Will / Trust / or any other inheritance.
- Jewellery and other precious metals etc…
- Has your spouse borrowed money from someone on your behalf
- Have you signed any document as a guarantor
- Are you on board as a director or carry financial commitment to the business
- What liabilities do you carry in case of SIPs and other monthly investments
- What liability do you carry towards monthly loans and other recurring debts
- What is the alimony amount you have in mind if you want to settle the matter
- Have you prepared a draft letter to be sent to all financial authorities for stop payment or for any term / condition that applies (Banks, Insurance, Stock Brokers, Real Estate etc…)
- Documentation Readiness :
- To apply for divorce the following documents are required
- Address Proof (Passport, Driving Licence, Rent Agreement, Adhar Card etc…)
- ID Proof (Pan Card, Passport, Adhar Card)
- Age Proof (10thStd. Marks Card, Passport)
- Marriage Certificate
- 4 Passport Size Photographs
- 1 Marriage Photograph (Exchanging garlands or any marriage ceremony photo)
- Verifying Affidavit
- Divorce Petition Document
- Memorandum of understanding (document your settlement agreement)
- Lawyer Nomination and Application
- Other Document copies as attachments (Will / G-POA etc…)
- Previous complaints / Case Documents / Applications / Counselling outcomes etc…
- Salary certificates ( this is handy for maintenance, 1/3rdof salary is usually claimed)
- If working – Get the details of company and previous working companies
- In case of evidence : make a note of witnesses who can stand by you
- In case of abuse / violence : Doctor and Medical certificates
- In case you have used detective services, carry proofs photographs videos etc…
- Address details of Parents and Key Relatives (Optional)
- Other Important Things:
- Know your strengths and weakness
- Know the strengths and weakness of your spouse
- Prepare for the worst on how to face character assassination and other false allegations if your spouse tags you with
- Make a list of all things you have done and tell them openly to your advocate
- Verbal or Physical abuse while Quarrelling
- Threat emails / SMS etc….. Emotional Blackmail or threat to commit suicide
- Parental abuse
- Dowry demands etc…
- Immoral acts, Pre / post extra marital relations …..Any other item of interest you wish to discuss
- Make a list of people who may stand by you in case of witness required
- Ensure you have a medical / fitness certificate (Physically and Mentally fit)
- Inform your lawyer if you are dating or plan to marry immediately after divorce
- Work with your lawyer and document the points to talk in the court
- Mentally prepare yourself with the cross examination points
- Ensure your witnesses are prepared well who will testify you
- Remember the golden rule – TALK LESS and LISTEN MORE
This list is general for most of the divorces cases, nonetheless we belong to various cultures, ethnicity, religions, countries, castes and so depending of your type of marriage there will be variation. These are only few guidelines; an expert lawyer will carry additional requirements and guide you when you talk with him/her. You may wish to share your views with me writing into rsfamilyattorney@gmail.com
