Mutual divorce

Only for few bucks why are you thinking to end relationship? Financial problems can come in anybody's life.

Admit the mistake infront of your bubby and try to recover from materialistic loss, rather than getting into more emotional loss for you/your hubby and most importantly think about daughters.

Why they should live without father for the fault of yours!

Dear Uma

If you both wish to live separately, then its fine, and any of you can file for judicial separation under mutual consent, but if your spouse don't want so, you have no groundto go to the court. And so far as the guardianship of your kids is concerned, it is you both to decide under whose custody the childern live. Courts generally of its own never pass any order regarding this matter, unless a strong reason is placed before it for guardianship of a childern, where parents are divorced by law.

1. If you were abused from day 1 of marriage there was no need to stay quite for 10 years! Now probably you misused his funds and caught in debt trap you are airing allegations of “abuse” as guilt rebound. Whatever….
   
   
2. There are two options available for you;

One – As you say he has all financial misdeeds evidences then sit with him and clear your folks name and tell him to give time to clear "debts” and somehow continue in alleged to be abusive marriage. with this your marriage gets saved and children somehow have a father.

Two - As you say he has all financial misdeeds evidences then sit with him and clear your folks name and suggest him for mutual consent divorce without one time alimony and child support payments as the mismanaged “funds now turned into vicious cycle of debts” non repayment back to him would be equal to your alimony and equal to child support payments. With this emotions and sentiments are not needed and you carry forward with your life and he carries forwards with his life. If both agrees some visitation can be allowed to him being natural father and you escape from 10 years old alleged 'abusive' relationship.

Reasoning:
If you file for divorce then he will resist as heart is into recovery of mismanaged ‘funds’ and his side is bound to not only resist divorce grounds on some 10 years old abuse but can also file ‘cheating’ and equate misappropriated funds equal to maintenance as there is no Law which says that “a wife should be allowed to misappropriate trust of husband so far as funds entrusted upon her is concerned” hence you will be in trouble and your side will retaliate into S. 498a / DV cases which will chew your rest of life in sightseeing visits to Courts. I mean if it was your money and suppose if he philandered it into “vicious cycle of debt” would you / your side not filed S. 406 IPC complaints or ‘cheating’ case?

Money is something and has importance attributed in relationship. In 0 years of alleged abusive relationship if he was not taking care of you three then Law was there and with writing perfect English and searching external resources stumbling into legal portal website for legal opinions from family law experts itself shows from last 10 years you had social interactions and it cannot be shown as one fine moon night pop up question! Law does not get into emotions and sentiments issues. It sees evidences and best probability of allegations theory and if you are confident that your allegations of 'abuse'' will stand in Court of law and your lawyer can give you lollipop of escape from 'recovery of debts" then you are seriously wrong in such motives. Donot fall into emotive traps.