Rishi and Shweta had been married for a couple of years. However, their frequent and loud – ugly arguments were more of a routine. Efforts by parents to ease the tension were more futile attempts and made them quit. Then came the day when both had a huge fight and decided to end the marriage with a mutual divorce. However, when Rishi asked Shweta to meet a divorce lawyer, Shweta back pedaled and had no plans on ending the marriage so smoothly. Now, Rishi was in a twisted state – How to convince a partner for mutual divorce? This is not just about Rishi, but most of the people whose partner is not agreeing to a divorce. Hence, let’s explore what a person can do to make things easier while the marriage is at the verge of falling apart.
What to do if you want divorce and your spouse does not?
When you know that your marriage has lost its essence, the first thing you need to do is work on it. Talk it out if there is some dispute. Try to mend ways to fix the issue which is coming underway to the partnership with your husband or wife. But if things have gone bitter and there is no going back, then it’s better to move on from such marriage. Most of the times, a broken marriage has one spouse who wants to end the burdensome relationship and start afresh, and the other who has no interest in moving on and continues to suffer while making the other one suffer as well. In such circumstances comes handy the request to convince your partner for a mutual consent divorce.
Why?
Because that’s the most convenient way to end a marriage peacefully. Couples usually know when their marriage has the chances of survival, or things are only being dragged for the sake of society. Hence, rather than making it bitter for either side, it is always wise to dissolve such a marriage through divorce. Speaking of divorce, mutual consent divorce should be the prior choice. In this, both parties, that is husband and wife, agree to end the marriage by approaching the Court together. If that fails, there is another option – Contested Divorce. In the second option, one of the parties has to prove one of the grounds for divorce as per applicable laws.
How to convince wife for mutual divorce?
Many husbands suffering in a bad marriage have this question – What to do if wife is not ready to give divorce in India? Husbands in India have swords of laws hanging above their heads. The laws meant to protect women against oppression are being misused in an alarming way. Once the husband proposes divorce, or even if divorce is a choice for both, the wife would consult with a matrimonial lawyer and proceed with all kinds of allegations against the husband and his family. Those allegations pertain to false dowry demands, cruelty, domestic violence, etc. In worst cases, unnatural sex by husband or sexual assault by other members of the house are also alleged. Due to all this, innocent husbands mostly fear approaching their wife for seeking divorce.
While some may choose to suffer in silence, that plan may also not be viable for long. For such husbands, knowing how to convince wife for mutual divorce becomes all the more important. It may be noted that talking it out is the best way if both are mature enough to discuss the pros and cons of staying married or end with divorce. A chaotic household takes a toll on both the spouses, as well as the family members, be it the husband’s or wife’s family. Thus, a reality check is way more effective.
However, if the wife is all the way adamant and not agreeing for divorce, the husband may, after consultation with his lawyer, send a legal notice to the wife. The said legal notice for divorce conveys the situation in detail and proposes a peaceful mutual divorce, while also stating the amount of maintenance/alimony the husband is willing to give. It further conveys to the wife the consequences of not agreeing to a divorce, that is contested divorce. If that does not work, that’s where things start to turn ugly. It can be seen that the answer to “How to convince a partner for mutual consent divorce?” is not as easy and sorted.
How to convince husband for mutual divorce?
For a wife wanting to end the marriage with divorce, things are not as complicated. It does not convey that a wife can get away with a divorce whenever she wants. But she can show the real picture of the rotting marriage. The best answer to “What to do if husband is not agreeing for mutual divorce?” can be given by a matrimonial advocate. If the husband is concerned about the increased financial pressure of alimony, the working wife may propose settlement without any alimony.
Just like a husband can send a legal notice, so can a wife if husband does not agree to a mutual divorce. While proposing mutual consent divorce and also clarifying her stand on alimony, the said notice by wife will also convey the circumstances that are applicable to one of the grounds of contested divorce. If future litigation is supposed to include allegations of dowry or domestic violence, the same will most likely be reflected in such lawyer’s notice as well.
Matrimonial Lawyers as Mediators
Since divorce is a Court battle, whether by mutual consent or a contested divorce, lawyers play a significant role. There are some who go against ethics and suggest wives to harass their innocent husbands and their families with false cases, suggesting that it will be easier for them to get more alimony. However, better ones at practice talk it out among each other, showing the husband and wife the true picture of spouses wasting golden years of their lives in litigation. Matrimonial lawyers can be the best players in reuniting couples, and also amicable leading them towards a divorce.
Conclusion
How to convince a partner for mutual consent divorce? – There is no concrete answer to this complex question. It’s about people from different backgrounds, marriages with different circumstances. However, one should at least try to convince a spouse and family for a mutual consent divorce. People should prioritize their mental peace over sham societal reputation. Nobody cares when you are suffering in your own home while staying married, thus, you should not be bothered by what others would say if you got divorced. Choose peace and a better life over a home with frequent fights and prolonged chaos.
