Divorce Mistakes That You Can't Afford
18 Dec, 2024Divorce is a sensitive subject and deeply personal for a couple seeking separation. But, people need to talk about it because there are numerous misconceptions surrounding divorce which arises due to a lack of information. The myths about divorce often result in making the wrong decisions, which can negatively impact the parties involved in the divorce. Here in this guide, we will throw light on the common myths that prevail in India to showcase the Truth behind the misconceptions:
50% Share of Assets is Given to The Wife
People believe that in the event of divorce, the wife is given half the share of the assets. But there is no such rule that directly states this. The wife is entitled to maintenance, housing, and any funds that are given to her by her parents during the marriage. Also, the act of providing housing and shelter depends on whether she is in possession of her own home or lacks the means of supporting herself financially. It is a subjective decision made by the law based on the actual condition of the wife, for which she also has to produce proof to stand eligible for alimony from her husband.
Child Custody is Always Awarded to the Mothers
This is another myth that people have in mind about divorces. Child custody is always given, taking into consideration the best interests and rights of the child. The primary aim of granting child custody is to safeguard the physical, emotional, and physiological demands of the child. Thus, if the court deems the father to be a more responsible parent, the child's custody is granted to him. However, the child's interest and inclination is also considered when making such a decision.
Only the Wife is Eligible to Claim Maintenance
This is the biggest myth of all. In reality, depending on the circumstances, both spouses can claim maintenance from the other. In a world that we live in today, where both partners generate income, the Supreme Court mandates the submission of assets, liabilities, and other documents in support of claiming maintenance. After scrutinizing all the documents, the court further makes a decision as to who is more eligible to seek maintenance.
Staying Separate for More than 7 Years is Legally Equivalent to Divorce
Despite staying separate for years, a couple cannot claim themselves to be divorced until and unless they get a legal divorce. A divorce decree granted by the court is crucial to recognize a marriage as dissolved. However, in cases where one of the spouses dies, goes missing for years, and is unheard of for more than seven years, the other spouse can file for a divorce by citing such conditions as a reason.
Empower Yourself with Facts: Seek Expert Help from the Best Divorce Lawyers In Gurgaon
Navigating through the divorce laws in a world surrounded by myths and misconceptions can be pretty daunting. Thus, it is vital that you seek legal help from the experts of Vipin Raina, who can guide you through the legal waters of divorce. We have the top divorce lawyers in Gurgaon who can help you make informed decisions and guide you through all the legal complexities. Our Divorce Lawyers in Gurgaon ensure that your legal rights stay protected at every step and help you with a stress-free transition. You will no longer be confused by the myths because we have the best divorce lawyers in Gurgaon who have the expertise and knowledge to give you actionable advice for your best interests.
Wait no more and contact us now to allow our Divorce Lawyers in Gurgaon to transform legal myths into straightforward solutions!