Divorce is often a traumatic process. Even though the emotional strain is already too much to bear, dealing with the legal system can be challenging. But, it is crucial to be aware of your legal rights through the lawyer’s expert advice whether you are divorcing or considering it.
Divorce is not meant to be enjoyable but shouldn't be as challenging as possible. Also, being aware of what life is like before and after a divorce might help you get ready for what is coming.
Lawyers Expert Advice about Legal Rights in Divorce
After a divorce, one spouse must make a maintenance payment to the other to ensure they are financially taken care of. Women's entire financial dependence on men led to the development of the concept of maintenance since it forced women to remain in unhappy marriages. Times are changing, and more and more women are becoming financially independent. Thus, under the virtue of the Hindu Marriage Act of 1955, right to maintenance can now be sought by both men and women.
Many people believe that mothers always retain the right to custody of their children. That is not the situation. The courts will consider what is in the child's best interests, even if they typically support the parents' choice in a mutually consenting divorce. For instance, in a contentious divorce, the judges will be looking at each parent's capacity to raise the child. Therefore, most custody issues are resolved per the Guardian and Wards Act of 1890, which states unequivocally that the child's wellbeing should take precedence over traditions or conventions.
The other party may assert their claim by providing the court with appropriate proof if the property was purchased in one person's name, but the other party contributed significantly to it. You might present financial documents and statements as evidence of this. In deciding how the property will be divided, the court will carefully consider the contribution made by both parties. The right to property is typically given to one person with the expectation that they will reimburse the other for their efforts.
Streedhan is a woman's gift from her family when she marries. It can comprise both movable and immovable property and is not dowry. This right to stridhan property is uncontested and belongs entirely to the woman.
Important Services Provided By an Expert Divorce Lawyer
Online legal assistance for divorce in India, NRI divorce problems, including the filing, defence, and managing divorce processes before the tribunals and family courts
Handling every marriage and divorce case with competence and assurance
Filing and defending the support case in court by an Indian divorce lawyer.
Filing challenges against the Family Courts' rulings in divorce cases to the High Court.
Filing of SLPs in marriage and divorce cases before the Supreme Court of India
Online drafting services are available for various types of papers, including divorce petitions, mutual divorce petitions, divorce settlements, judicial separations, and other forms.
Legal assistance with regard to alimony, maintenance payments, and other associated matrimonial difficulties
Preparation and review of all divorce-related petitions, agreements, and papers by a divorce lawyer for virtual legal counsel
Drafting, filing, and providing legal counsel for divorce under the virtue of the Special Marriage Act of 1954
Drafting, submitting, and giving legal counsel for divorce under Islamic marriage rules.
Writing, submitting, and giving advice on maintenance claims made under the virtue of the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and other relevant statutes
Drafting, filing, and providing advice on proceedings involving alimony and permanent alimony
Defending and filing complaints under the virtue of Domestic Violence Act of 2005
Defending and submitting petitions for maintenance under the virtue of Section 125 of the Criminal Procedure Code
Defending and filing applications under the virtue of Sections 18 and Section 20 of the Hindu Maintenance and Adoptions Act of 1956
You will need the advice of an expert lawyer for the divorce process. If you need help and assistance for your divorce case in Gurgaon, then a divorce lawyer in gurgaon can be hired, and if you need help and assistance for your divorce case in Cuttack, then a Divorce lawyer in Cuttack can be hired. Similarly, a Divorce lawyer in Delhi can be employed if you need help and assistance with your divorce case in Delhi.
At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.
Visit Us: - https://www.leadindia.law
Call Us: - +91-8800788535
Email: care@leadindia.law
Facebook: - https://www.facebook.com/leadindialaw
LinkedIn: - https://www.linkedin.com/company/76353439
Twitter: - https://twitter.com/leadindialaw
Pinterest:- https://in.pinterest.com/lawleadindia
Comments