Divorce, which is the end of a marriage, is the last resort for Indian couples to end their marital ties. The divorce decree, regardless of whether it is a divorce by mutual agreement or a contested, has many legal consequences for the divorcing spouses. This article will discuss the Indian legal consequences of divorcing.
Legal Effects of Divorce on Living Situation
The living arrangements of the spouses are changed once the divorce has been finalized. Divorcing couples are no longer required to live together. They can live apart. Although the spouses no longer have to live together, the husband can still pay maintenance for the wife if she cannot afford to house.
Jointly Owned Property
The rights and liabilities of husband and wife in jointly owned property are split equally upon the end of the marriage. After divorce, the husband’s property in his name is transferred to his wife. The wife is the sole owner of any movable or immovable property she owned before, during, or after divorce proceedings.
Child Custody After Divorce
The husband and wife share the child custody rights before a divorce decree can be obtained. However, spouses can file for child custody petitions with help from a lawyer in India to obtain sole or shared custody of the children who were born out of their marriage. Before deciding who would have custody of the children, the court will consider the facts and circumstances.
Maintenance of Wife
According to Section 125 of CrPC, the husband is responsible for maintaining his wife. The legal effect of Indian divorce is that the husband is liable for the maintenance of his wife during and after the process. This is if she isn’t disqualified by law. The husband must maintain his wife the same as before the divorce. After taking into account many factors, such as the income of husband and dependents, the income of wife, etc., the court calculates maintenance/alimony.
The wife can choose to return to her maiden name, retain her husband’s surname or use whichever name she likes after the divorce proceedings are over. After divorce, the wife can change her name by following Indian law’s name change procedure.
Divorce is a way to end a marriage. It does not end when the court issues a decree of divorce. In a common consent divorce, all matters related to maintenance/alimony, child custodial, and property division are predetermined. However, in a contested divorce, each spouse must file separate petitions. So that all the issues can be addressed by the lawyer, it is important to have a competent divorce advocate appointed at the start of the divorce proceedings. This will eliminate the need for multiple divorce lawyers to be consulted at different stages of the case and allow advocates to explain the whole matter to each other.
Divorce lawyer near me is an online platform that connects you with the top Indian lawyers. We can help you locate the best divorcing attorneys in India so you can easily manage the legal consequences of divorce.