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Author Topic: Legal advice for separation  (Read 786 times)

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Offline Rikysiky

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Legal advice for separation
« on: April 27, 2017, 01:28:40 PM »
Hi,
I am currently in USA and facing many problems with my spouse. sorry for the long post. before asking questions about legal proceeding I want to say my situation
He used to abuse me physically and mentally till cops entered our house one day.
After that no more physical abuse I faced.
I am working here and was here before my marriage too.
Through my company we came here and as of now he is my dependent. he is working here with work permit and through me he got job in same company but different client.so, work location is different.
He is very irresponsible financially and even when we were in India without plan he used to spend and take loan from whatever way possible. Got in to lot of debits in India and even with good pay of both of us we were not able to manage stuff. He used to behave like psycho whenever he gets angry like hitting himself, breaking all expensive things, hitting me, shouting, screaming, rolling on road, tearing off his cloths. That is stopped here now as I started threatening him with cops. I see, no affection in him towards me though ours is love marriage. Even he is not so much affectionate towards our daughter.
After coming here in 2 months of getting into job he started gambling and I got into hell. Lots of lots of debits, fight at home, sleepless nights, stress. He asked money from every colleague of his and now asking from my colleague. little bit savings I am doing from my salary and he scold me so much for that.
okay this is my situation and I have decided to travel back soon. Once I am back I am going to proceed with him legally. SO, my request to everyone here is how can I start things legally? Should I separate from him first or can I apply for divorce?my daughter is 3 and half. I want full custody of her and at any cost I don't want joint custody. Please help. sorry for the long post. Thank you in advance

Offline Rikysiky

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Re: Legal advice for separation
« Reply #1 on: April 28, 2017, 10:42:49 AM »
Please reply to my post with some advise. Thank you

Offline adv.amarnath

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Re: Legal advice for separation
« Reply #2 on: April 29, 2017, 10:12:00 AM »
I have gone through your post and under free online consultation/ advice I can say you that first you have to live separately with him with your daughter. Then you can apply for divorce under cruelty ground. This is the basic advice I can give you. Apart from this there are several tactical moves which you have to initiate to make him pressure to get divorce on mutual consent as well as to get full custody of your minor child. But it is to be remembered that father has every right to visit his child as well as has responsibilities to take care of child jointly with you.

For further consultation in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaya

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Re: Legal advice for separation
« Reply #3 on: April 30, 2017, 04:19:27 AM »
you should file for pre litigation mediation in High court first of all find out what exactly your husband wants than accordingly you can play for a suitable quick legal action. blindly filing in court is a huge mistake, that ultimately leads to long struggle in court. avoid that
Madras High Court Advocate

Offline Rikysiky

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Re: Legal advice for separation
« Reply #4 on: May 02, 2017, 02:43:12 PM »
Thank you so much

Offline Rikysiky

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Re: Legal advice for separation
« Reply #5 on: May 02, 2017, 03:39:12 PM »
I have gone through your post and under free online consultation/ advice I can say you that first you have to live separately with him with your daughter. Then you can apply for divorce under cruelty ground. This is the basic advice I can give you. Apart from this there are several tactical moves which you have to initiate to make him pressure to get divorce on mutual consent as well as to get full custody of your minor child. But it is to be remembered that father has every right to visit his child as well as has responsibilities to take care of child jointly with you.

For further consultation in details you can contact me.

During our separation time can I take any help from law for mine and my daughter safety? I am scared that he will not allow me to live peacefully even if I separate from him

Offline Rikysiky

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Re: Legal advice for separation
« Reply #6 on: May 04, 2017, 04:52:24 PM »
you should file for pre litigation mediation in High court first of all find out what exactly your husband wants than accordingly you can play for a suitable quick legal action. blindly filing in court is a huge mistake, that ultimately leads to long struggle in court. avoid that
He says he wants divorce too. But, do not know how far he is serious. I am scared that he will not allow me  to live peacefully. Just want to escape from him

 

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