Helpseeker (Manager) 13 December 2012

Property distribution during divorce

Hi Experts,

I am planning to file a divorce against my wife as I am sure that she is not committed to our marriage any more and seeing some one else. ( i have phone records and emails exhcnages as proofs). My questions are:

1. we had bought property on joint name where 80% of the contribution by me. there is another property which is solely on my name. I dont want to keep her share but also dont want to get ruined financially. therefore would like to know how the properties are distributed during divorce.

2. what other precautions shall i take to ensure that its impact can be reduced (i know it will be a frustrating and time consuming)

Is there a way I can make it a mutual one.

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4 Replies

have a heart foundation (member) 13 December 2012

Provided if you have proof you can file for Divorce on the grounds of Adultry, You can also file case of adultry against the person whom your wife is seeing.

The wife may not be entitled for maintenance / alimony if the adultry is proved (depending on the merits of the case, evidence, arguments, proceedings in court etc..)

you can settle mutually with your wife incase your communication is open and can go for a Divorce through Mutual Consent.

Incase if permanent alimony has to be settled.. it could be maximum at 50% also depending on if the children are involved.

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Helpseeker (Manager) 14 December 2012

@have a heart Thanks for your reply.

The only proofs I have are phone records & email exchanges> are they suffcicient?

My fist attempts are going to be thru mutual consent only. But i am antcipating the worst case scenario and accordingly being prepared.

In case of permanent alimony, 50% of what it will be? She is a working woman, and we have no children.

What if she dos not accept or agrees for a mutual divorce, do I have a way out with lesser sufferings?

Can she refuse to divorce if i file divorce alone and drag this matter endlessly or negotiate and ask for all of the property?

rajiv_lodha (zz) 14 December 2012

U do not have strong adultry ground dear.

If its contested, u wil get a long legal battle in ur hand + retaliatory cases too. So decide accordingly & try ur best 4 MCD. Common relatives+ elders may do much if u show them the proofs & tell ur inability 2 pull along such adulterous wife.

have a heart foundation (member) 15 December 2012

if mutual settlement fails,

Email and Phone Call records are proofs. File a case of Adultry on your wife as well as other person. Adultry ifproved can be a ground of divorce, File for Divorce, Hire a good lawyer and apply your mind to create and records evidence against both.

During Cross examination lot of facts could come out. You may not have to pay maintenance / alimony if adultry is proved. Nail the other person asap.

Court may grant 50% on what stands in your name, Maintenance and Permanent Alimony could be worked depending on lot of factors like standard of living, earning capacity,educational qualification. It also depends on how well your case is presented, argued and how facts are recorded,