Apni Law Staff asked 10 months ago
My wife and I have been married for 15 years, but have been living separately for the past two. We’ve decided to pursue a Mutual Consent Divorce without involving child custody or alimony. I have a couple of questions:
1. Are divorce, child custody, and maintenance separate legal processes, or can they be addressed together in a single case?
2. Can either of us file for child custody or maintenance after the divorce is finalized?
Best Answer
Apni Law Staff answered 10 months ago
In India, divorce, child custody, and maintenance are separate legal processes, although they can be addressed together in a single case during the divorce proceedings. If not addressed during the divorce, either party can file separate petitions for child custody or maintenance later, but the court may consider the circumstances and existing agreements.
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