When should I divorce my wife?


Marriage is the start of a new life for a person, where the two individuals come together to live a life together. Customs and rituals of a religion play an important role in fulfilment of a marriage. In some religions, people take an oath to stay together in sickness or in health while in some religion people promise each other to stay married not in single lifetime but in seven lifetimes.

Getting to know your future partner or spending time with them is a different experience while deciding to spend the rest of your life together and living together from day to night is altogether a different thing.

You might feel that the person you are marrying to is the right one for you, but days or months or years into the marriage, you feel that the marriage is not working. Some people, at the smallest of obstacles feel they need a divorce while some people continue to live in the toxic environment with their spouse due to societal or other pressures.


When should I divorce my spouse?

Before deciding of divorce, it is very important to first understand why do you wish to divorce your spouse? Below mentioned are the few questions that you must ask your self before deciding to divorce your partner. –

  • Have you made every effort to make things work?
  • Do you and your spouse trust or respect each other?
  • Is your marriage beyond repair?
  • Are you staying together because of the societal pressure or kinds?
  • Are you aware of the divorce laws?
  • Have you explored your options regarding divorce?
  • Have you thought of your life post separation?

What are the things I should think before filing for divorce from my wife?

After filing for divorce or during the proceedings, it is almost impossible to go back to the marriage thus, it is very imperative that before filing for divorce certain issues must be considered, such as –

  1. Health of the marriage- Divorce should be a choice that you make for yourself and not anyone for you. A lot of people around you might suggest to compromise or to separate from your wife. It is very important to understand that living in a marriage or walking out of it should be your decision and yours alone.
  2. Understanding the core issues- Another important aspect to reflect upon is why you wish to seek a divorce. Is it because of certain conflicts between you and your wife or because you and your wife are unable to live together anymore or because there was cruelty of any type.
  3. Get a good lawyer-It is very important to consult a good lawyer before moving forward with filing of the divorce petition. The person seeking divorce must consult a lawyer and explain to them about the issues that they are facing in the marriage and discuss about the recourse to such a problem.
  4. Know the laws-Apart from consulting a lawyer, the person must also be aware of the basic laws regarding divorce and maintenance. This is done so that if the person moves forward with the divorce petition, they are aware of what they are getting into as well as the legal rights and duties surrounding what they are about to file.
  5. Prepare for the custody of your child- After the break down of a marriage, the custody of the child is one of the most sensitive issues of divorce. In case of a mutual divorce, it is both the partners who decide the custody and the visitation rights of the child but in cases of contested divorce, the judge decides whom the child will stay with and who shall get the visitation rights. Factors such as welfare, finances, safe environment, education and the child’s preference are considered by the courts in granting the custody of the child.
  6. Be mentally prepared to face obstacles- Everything that you say, do, shall be used against you. The wife that you vowed to spend your life with, will be in the battle against you. Relationships that involves going to the court become very fragile and things can escalate to violence very easily. It is very important for you to be prepared in advance for every possible situation as every decision in a divorce can have long-lasting impact on your life.
  7. Support system-When issues between you and your wife are difficult to be tacked by you alone, you must seek support and guidance from your friends and family. Sometimes, issues between the partners require outside interference from friends and family to solve. If you have decided you no longer wish to reside in a marital relationship with your wife, then it is very important to inform and include your friends and family into the decision.
  8. Seek help- Mental health of a person is affected immensely during the divorce proceedings. Seeking professional help can help you understand what you really want. It can also sometimes illuminate on the aspect of where you went wrong in the relationship and can also help with the reconciliation.

What documents will you need while filing for divorce?

Depending on the type of divorce, the court may ask for:

  • Address proof of both husband and wife.
  • Details of professions and current earnings of husband and wife.
  • Certificate of marriage.
  • Information regarding family background.
  • Photographs of marriage.
  • Evidence to prove that the husband and wife have been living separately for more than a year.
  • Evidence proving failed attempts at reconciliation.
  • Income tax statements.
  • Details of property and assets of the parties.
  • Other documents too may be needed, depending on facts and circumstances of the case.

What are the steps involved in getting a divorce?

The Hindu law provides for two types of divorce, Mutual and contested.-

  • In a Mutual consent divorce

STEP 1: File a joint divorce petition.
STEP 2: Appearance of both the parties in the court
STEP 3: Scrutiny of documents & Recording of statement on oath
STEP 4: Court passes order on First Motion.
STEP 5: Cooling off period of six months given to couple by court to rethink decision.

STEP 6: Filing of Second Motion is done within 6- 18 months of First Motion.
STEP 7: Decree of divorce passed by the court.

  • In Contested divorce

STEP 1: Filing of petition by the husband or wife.
STEP 2: Court issues summons and seeks reply from the other spouse.
STEP 3: Court may suggest reconciliation.
STEP 4: Examination and cross-examination of witnesses and evidence.
STEP 5: Counsels for both parties present final arguments.
STEP 6: Decree of divorce passed by the court.

How can GS Bagga & Associates help you?

Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, they realize that they both are not able to cohabit together as a couple and it would be bets to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.