Can I get a divorce without my spouse knowing if we’ve been living apart for over 12 years, aren’t talking, and haven’t had any legal issues?

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Law Forum › Category: Divorce › Can I get a divorce without my spouse knowing if we’ve been living apart for over 12 years, aren’t talking, and haven’t had any legal issues?
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Apni Law Staff asked 9 months ago

Can I get a divorce without my spouse knowing if we’ve been living apart for over 12 years, aren’t talking, and haven’t had any legal issues?

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Best Answer

Apni Law Staff answered 9 months ago

In India, a divorce cannot be granted without the knowledge of the other spouse. Even if you have been living apart for over 12 years, the legal process requires serving divorce papers on your spouse.

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I’m going through a very difficult time. My husband is physically abusive, and my in-laws constantly torment me. My own family isn’t offering much support. What should I do?

My husband and I filed for a divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. After the six-month cooling period, he didn’t show up in court, and he hasn’t withdrawn his consent. The court gave me another date. What can I do to get the divorce granted in his absence?

I need to file for divorce. I got married in May 2012, but my wife left in August of the same year and we haven’t spoken since.

I’m constantly feeling down, and he always yells at me. I can’t do anything my way, and I feel like I’m always in the wrong. I’ve talked to my parents many times, but they just say that we girls have to bear these problems, that this is nothing. Now that I’m pregnant, I’m at my wit’s end. I’ve been considering divorce for a year, and I think it’s time to take the plunge.

My husband and I are going through a mutual divorce. We have our first court hearing tomorrow and I’m feeling a bit nervous. I understand that the judge will be taking statements from both of us. I want to make sure I say the right things to get this process over with as quickly as possible. Can someone give me some advice on what I should say during the statement?

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