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Pre-Divorce Advice



Marriage in India is considered a sacred institution. However, not every marriage is meant to last. Though in India, divorce is not an easy option and is looked upon as social stigma to our values, you cannot carry the burden of a failed marriage throughout your life for the sake of societal issues. By analyzing the pros and cons of divorcing, you should resolutely state your decision. However, taking a decision won’t solve your problem. Divorce is a complex issue, morally, socially and legally. You should not step into this whirlpool without planning and strategies.

Here are some pre-divorce advices to help you guide and smoothly run your divorce procedure.
  1. Marriage Counseling – In India, family and society gives too much of advices that couple turn inward to professional advice, which is wrong. A professional help has credibility and experience of dealing with numerous cases like yours. You should always go through a counselor, no matter what. If the counselor thinks that reasons for divorce are immature and both parties do not understand what it takes to succeed in a marriage, then reconsidering and re-evaluating your decision will never hurt. And otherwise, if divorce is inevitable as understood by a professional, his/her opinion will weigh in your favor during legal proceedings of court.
  2. Line-Up Your Finances – When your emotions are in turmoil, thinking about protecting your assets and finances seems least of your worries. Believe it, it is one of those aspects of divorce where most bitterness and resentment arise. To retain what’s in your legal right is essential for your peace of mind. Let your attorney know about a list of all the finances you have including joint or individual assets, liabilities, credit card statements, bank accounts, insurance plans, retirement plans etc. A fair estimate of how your finances will be divided will give you time to prepare beforehand.
  3. Understand Your Financial Standing – Up until now your lifestyle and finances were handled in joint. You need to understand that after divorce how you will manage your expenses, especially women in India. Whether percentage of spouse’s income or living without your whole income will be enough to maintain your current lifestyle or not? This will help when it comes to settlement in court, accepting blindly what has been offered can affect your finances for the rest of your life.
  4. Get an Attorney – It is more than enough to live through the emotional riots and social speculations. You need a competent lawyer, who has dealt with divorce cases before, to ensure a solid exit plan. Your attorney will take care of legal requirements during the divorce by lining up your documents and presenting your legal grounds and rights in divorce. You should be at comfort level with your attorney.
  5. Child Custody and Support – It is a complex aspect of divorce. First of all parents should inform their children about their decision together for child’s emotional stability. Child custody laws and rights should be clearly understood from your attorney. It is extremely vulnerable for a child to be dragged in their battle of custody, and has higher impact if parents are unprepared beforehand about it.
  6. Dealing with Dilemma – While preparing for divorce, if you have feelings of reconsiderations then you should openly talk to your attorney, family and your spouse. However, be rational and not emotional, as it can jeopardize your planning as well as your life to great extent.

Pre-Divorce planning seems to be heartless, however for the sake of more resolved and less traumatic experience, you should pack all your emotions in a box while methodically lining up your pre-divorce actions. It is about analyzing and accepting where you stand in a relationship and where you want to be after divorce.