Divorce
Jagmohan
(Querist) 06 April 2014
This query is : Resolved
I want separation from my wife . We have four year boy. I want custody of my child . Mine and her thinking is not matching. I married in 2009. Kindly tell me how much time it will take in divorce process and what is process for this.
ajay sethi
(Expert) 06 April 2014
1) is your wife willing for divorce? if so then file for divorce by mutual consent . you have to stay separate for one year then file for divorce . it wont take more than 7 months .
2) if your wife dosent want divorce it may take years for your divorce petition to be disposed of .
3) you will get visitation rights not custody of 4 year old son
Jagmohan
(Querist) 06 April 2014
With whom my son will stay and after how my years I will get my son
Jagmohan
(Querist) 06 April 2014
Is it necessary that we have stay separated for one year . Is it not possible in five or six month?
ajay sethi
(Expert) 06 April 2014
you wont get custody of son . generally custody is given to mother .welfare of child is paramount consideration
ajay sethi
(Expert) 06 April 2014
it is necessary to state in petition that you have stayed separate for 1 year
Jagmohan
(Querist) 06 April 2014
At what age of my son I can custody of my son
ajay sethi
(Expert) 06 April 2014
you apply to court for your son custody . since your child is v young court may award custody only to your wife .
.
Jagmohan
(Querist) 06 April 2014
Thank you sir for your support
ajay sethi
(Expert) 06 April 2014
thanks for your appreciation
Devajyoti Barman
(Expert) 06 April 2014
Yes, both divorce and custody is quite difficult in short span of time.
Try to settle the dispute amicably.
Rajendra K Goyal
(Expert) 06 April 2014
Contested divorce and custody case would take 4-5 years or more.
Once you file any case she would file a no. of cases against you and your family.
Better try for mutual consent divorce.
T. Kalaiselvan, Advocate 
(Expert) 08 April 2014
Under mutual consent divorce, you can make terms for visitation of your child on regular basis so that once child attains the age of at least 7 years, he will be able to decide to live with whom and what.
