Top Ten Mistakes To Avoid During Divorce Litigation

Divorce disputes in India are not just a matter between husband and wife; it is a family issue that affects everyone involved. India has a complex social structure where the family is considered the basic unit of society, and any breakdown of the family unit is seen as a social stigma.

In India, divorce is still considered taboo in many communities, and people often resort to hiding the issue from their family and friends. This lack of openness can make it difficult for families to deal with the emotional and practical implications of divorce. It can also create a lot of pressure on the couple involved, who may feel a sense of guilt or shame for not being able to make the marriage work.

When a couple decides to divorce, it can have far-reaching effects on their family members, especially children. Children of divorced parents may struggle with feelings of abandonment, confusion, and anger. It is essential to remember that children have a right to be involved in the process and should be given an opportunity to express their feelings and concerns.

Furthermore, divorce disputes in India can become complicated due to the involvement of extended family members, who may have a strong influence on the couple’s decision-making. Family members often play a critical role in providing emotional support and guidance during the divorce process. However, they can also contribute to conflicts and make it challenging to reach a settlement.

Here below are Top Ten Mistakes To Avoid During Divorce Litigation

1. Not seeking legal advice: It is essential to seek the advice of an experienced divorce lawyer to understand your legal rights and options.
2. Letting emotions take over: It is natural to feel angry, hurt, or betrayed during a divorce, but letting emotions dictate your decisions can lead to unfavourable outcomes.
3. Hiding assets or income: Concealing assets or income can result in serious legal consequences and can undermine the integrity of the divorce settlement. The opposite party may file a Perjury case against you if you have hidden the truth or lied under oath when Assets Liability Statements are submitted. Such can happen when one spouse has filed for Alimony and Maintenance along with divorce.
4. Refusing to negotiate: Refusing to negotiate and compromising can prolong the divorce process and lead to increased costs. If you are a man, for sure you will get divorce in the higher courts if the family court denies to for what so ever reason. At times it better to negotiate a Win-Win especially when there are other criminal charges are pressed against you and your family, or if you are a high net worth individual and your portfolio is at stake. Always keep doors open for mediation and negotiations.
5. Using children as leverage: Using children as leverage can cause irreparable harm to their emotional well-being and can backfire in the court of law, on the other hand, It is important to prioritize the needs and well-being of any children involved in the divorce.
6. Disregarding legal documents: It is essential to read and understand all legal documents before signing them. Especially the terms and conditions drawn by your spouse in case of a compromise / settlement related to Child Custody, Visitation, Alimony, Spousal and Child Support, Overseas Travel etc..
7. Failing to tell truth to your attorney: Failing to tell the complete truth with your attorney can lead to misunderstandings and unfavourable outcomes. Be Open, inform about what you are experiencing, if you have committed some mistake inform so that you are well prepared, if you have left proofs like of financial misappropriation, extra marital affair, domestic abuse etc… inform your lawyer upfront.
8. Failing to prioritize your goals: It is important to identify your priorities and goals before entering into the divorce process.
9. Making this a Family Affair : Making impulsive decisions without considering the long-term consequences can have lasting negative effects, Divorce is a dispute between husband and wife who were unable to get along, making this a family issue, filing false complaints, allegations, domestic violence cases etc… and unnecessarily pulling members of the family to settle scores will go against you in long run while in short term you may feel you have settled scores. (Especially Women)
10. Not taking care of yourself: Divorce can be emotionally and physically draining. It is important to take care of yourself by seeking support from family and friends, practicing self-care, and seeking professional help if needed.

In India, it is essential to seek professional help, such as a divorce lawyer or a family counsellor, to navigate through the complex legal and emotional aspects of divorce. They can provide guidance and support during the process, ensuring that all parties involved are treated fairly and respectfully.

Conclusion

In conclusion, divorce disputes in India are not just a matter between husband and wife. It is a family issue that affects everyone involved, and it is essential to approach it with sensitivity and empathy. By seeking professional help and involving all family members in the process, it is possible to reach a fair and amicable settlement that considers the well-being of everyone involved.

Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.