Our marriage (15 years now) is broken for “coldness” in marraige and conjugal relation. For last 6 years, we are living in the same house, but in separate rooms and for last two and half years we don't have any conjugal relation. We are living in the same house to raise the KID who will appear in Xth exam in 2014. By now, I have lost all my emotional attachments with her now want a mutual divorce on mutual consent. After a long argumet, now she agrees to that, but ask me to wait for another year until our daugher appears the Exam.
I think, it is good for the Kid and accepting that, but I do't have enough faith that she will not change her mind after a year. She thinks it is a great risk living together while the divorce procedure is progressing, as if any unfortunate event (say death or a major accident) happens, the survivor may be blamed and harrashed by the relatives of the other and in that case, our dauthter could be raised in a shelter Home ! I don't agree, but I could not convience her. I am willing to wait for another year, but I don't have enough faith that, she will not change her mind then, and file a divorce case from her side. That would take too long and she may even decline the the fact (that we don't have any relation).
At this stage (while we are living in the same house), I want to get her signed on a agreement saying that a) we don't have conjugal relation and b) we agree to go for mutual divorce after a year.
My questions are
1) Does this agreement have any legal binding in the court of law ?
2) Should I go for a judicial separation now (as my priority is to live in the same house for another year)?3) How long does it (judicial separation) take, usually ? Does it automatically lead to divorce after a year ? Can she file a divorce case, during separation ?
4) Any of you have any better suggestion ?
5) Can you tell me about a good, efficient, and honest lawyer in kolkata ?
Please help. I increasingly feel lonely, unsatisfied, unloved, and empty. I fear, a divorce case is almost never ending. I don't want to harm anybody or donot want to do anything unethical. But at the sametime I have the right to live. Please help. One mistake, of course, is not the end of life and I want to give life another chance.