Do Affairs Matter in Divorce? Rajendra Family Court Law Firm Senior Attorney Help
Introduction
Divorce is a complex and emotional legal process that can be difficult to navigate without the right guidance. In India, there are many factors that can influence the outcome of a divorce case, including the involvement of extramarital affairs. If you are considering filing for divorce or are in the middle of a divorce case and are concerned about the impact of an affair, it is important to seek the help of an experienced family court attorney.
Do Affairs Matter in Divorce Cases in India?
In India, the legal grounds for divorce include adultery, cruelty, desertion, conversion, mental disorder, communicable diseases, renunciation, and presumption of death. Adultery is defined as voluntary sexual intercourse outside of marriage. If a spouse can prove that their partner engaged in an extramarital affair, it can be grounds for divorce on the grounds of adultery.
However, it is important to note that simply alleging an affair is not enough to prove adultery. The spouse making the allegation must provide evidence to support their claim. Evidence may include photographs, witness statements, or other documentation that can prove that the extramarital affair took place.
How Do Affairs Impact Divorce Cases in India?
If a spouse can prove that their partner engaged in an extramarital affair, it can impact the divorce case in several ways. Some of the ways that affairs can impact divorce cases in India include:
Division of Property
In India, the property acquired during a marriage is considered to be joint property of both spouses. If a spouse can prove that their partner engaged in an extramarital affair, it can be used as evidence of cruelty or mental agony, which can impact the division of property in the divorce settlement.
Alimony and Maintenance
If a spouse can prove that their partner engaged in an extramarital affair, it can be used as evidence of cruelty or mental agony, which can impact the amount of alimony or maintenance that is awarded in the divorce settlement.
Child Custody
In India, the court considers the best interests of the child when deciding child custody matters. If a spouse can prove that their partner engaged in an extramarital affair, it can be used as evidence of moral depravity, which can impact the court’s decision regarding child custody.
How Can a Rajendra Family Court Law Firm Senior Attorney Help?
If you are considering filing for divorce or are in the middle of a divorce case and are concerned about the impact of an affair, a Rajendra Family Court Law Firm senior attorney can help you understand your legal rights and options. They can also help you gather the evidence necessary to prove an extramarital affair, and can represent you in court to ensure that your interests are protected.
Services offered by a Rajendra Family Court Law Firm senior attorney may include:
- Legal advice on the legal grounds for divorce in India
- Assistance in gathering evidence to support allegations of adultery
- Representation in court proceedings
- Negotiation and settlement assistance
- Assistance in child custody and support matters
- Advice on property division and alimony/maintenance matters
Conclusion
If you are facing divorce in India and are concerned about the impact of an extramarital affair on your case, it is important to seek the help of an experienced family court attorney.