The Role of a Divorce Lawyer

April 11, 2025 | By Unsaathi

Divorce Law and Domestic Violence

Divorce Law and Domestic Violence: Legal Protections and Rights Divorce is a complex process, but it becomes more difficult in domestic violence situations. Be it physical, emotional, psychological or both, or all of the above are all impacting factors upon divorce proceedings regarding child custody, spousal support and property division. For victims of domestic violence, it is essential to provide them with solid legal protection as they go through their divorce. This article describes the intersection of divorce law and domestic violence, the legal protection afforded to victims and the actions taken by the legal system to protect victims' rights. What Is Domestic Violence In Divorce Cases Domestic violence is an abusive pattern of behaviours used against a partner to gain and maintain power over them. That abuse can include, but is not limited to, being hit, slapped, choked, etc. Cruelty also includes emotional abuse, psychological abuse (intimidation, gaslighting, threats, manipulation), mockery, humiliation, nonstop censure, etc. Financial abuse, which is controlling money, preventing employment, and withholding financial resources, is also a form of cruelty in marriage. Furthermore, sexual abuse, like being into coerced sex acts, spousal rape, and reproductive control, are also counted as cruelty. An abusive marriage can lead to emotional distress as well as several legal aspects. Domestic violence allegations are taken very seriously by courts, and even more so when children are involved. Section 13,(1)(A) of the Hindu Marriage Act allows cruelty to be a ground for divorce. Section 85 of the Bharatiya Nyaya Sanhita and Section 498A consider cruelty in marriage a domestic offence. Additionally, the definition of cruelty has been elaborated in Section 86 of the Bharatiya Nyaya Sanhita. As defined in the Section 86, Bhartiya Nyaya Sanhita, 2023 "Cruelty" means: 1). If it is one that the woman commit suicide, or which cause harm to the limb or health or danger to life of the woman. or 2). Harassment of a woman, where such harassment is with a view to coerce her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. Protective Orders for Victims of Domestic Violence Family law and criminal statutes offer various protections for victims of domestic violence. These protections help to guarantee their safety and provide legal recourse against abusive spouses. Protective Orders and Restraining Orders: The first step for victims who want protection is usually a restraining order (or protective order). This legal document bars the abuser from contacting or approaching the victim. There are several types of restraining orders: Emergency Protective Orders (EPO): Law enforcement agencies order these for an immediate protection order, and these are usually only valid for a couple of days. Temporary Restraining Orders (TROs): A court order that is issued, typically lasting a couple of weeks until a full hearing can occur. Permanent Restraining Orders: Issued following a court hearing, provides long-term protection that may last for years. A restraining order can provide you with more protections, including custody of your children, use of your joint home, and access to financial support. Reasons for Divorce Due to Domestic Violence There are several provisions in personal laws like Section 13(1)(a) of the Hindu Marriage Act, section 27(1)(a) of the Special Marriage Act, Section 2 of the Dissolution of Muslim Marriage Act, 1939, etc, that consider cruelty as a ground for divorce in India. The burden of proof remains on the victim. Further, there can be various consequences if the spouse is found guilty. Some of them are: Alimony and spousal support: Alimony and spousal support awards impact if the spouse is found guilty of charges of cruelty in marriage. Courts may favour the victim in financial settlements to prevent continuing economic hardship to them. There are several ways domestic violence victims can qualify for financial assistance: Spousal Support (Alimony): If the victim was financially reliant on their abuser, courts could decide to award them significantly higher alimony payments. Child Support: The abusive spouse must continue to pay for their child's care. Child Custody and Visitation Rights: Child custody in the context of domestic violence becomes a crucial matter. Courts often consider the following when determining what is in the best interests of a child. Thus, the court usually offers custody to the victim parent to safeguard their interests. The court also takes other factors into consideration, like capacity of each parent to offer a stable home. Sole custody may be granted to the victims of domestic violence for the safety of the child. The court may order supervised visitation for the abusive parent, meaning their contact is supervised by a professional or neutral third party. Restitution for Abuse: Some courts grant damages for medical expenses, therapy and other costs incurred as a result of the abuse. Victims may also be eligible for public assistance programs, such as housing assistance and job services, to help them become self-sufficient. Criminal Charges Against Abusers: On the most end, a spouse may face a criminal charge for domestic violence. These charges may include: Assault and battery, Stalking or harassment, Violating a restraining order Child endangerment, etc. Criminal convictions can support females' cases in divorce and custody battles. How a Divorce Lawyer helps in Domestic violence cases For victims who want to get the legal protection and fair outcome they deserve, a divorce attorney with experience in how domestic violence works is a must. An attorney serves as a crucial pillar of support, guiding victims through the intricate divorce process with an emphasis on ensuring their safety. A divorce attorney can: Help you file restraining orders for your immediate safety and further advocate for victims in court for custody, support and equitable distribution of assets. Help you collect proof of the abuse, including medical records, police reports and statements from witnesses. Help the victim negotiate settlements to get financial security. Seek long-term safeguards, like permanent custody and supervised visitation. Also offer emotional support and strength by providing them with the right information. Helps to protect your financial assets. Not only this, the divorce lawyers help to maintain the confidentiality of the case, they also help to file the charges, so that the husband can be punished accordingly. Having a divorce lawyer along with you will always be beneficial as they will act as a shield for you in such complex divorce cases. Divorce Process for Victims of Domestic Violence Survivors who want to escape an abusive marriage should do the following to help themselves be safe and to protect their legal rights: Develop a Safety Plan: Before filing for divorce, the victims should devise a safety plan that includes the strategy's crux, shelter, and temporary housing with family and friends. For example, important documents (IDs, financial records, birth certificates) should be stored in a safe location. Further, having someone you can check in with periodically, especially if someone can alert supportive individuals (e.g., family members), is also important. Gather Evidence of Abuse: The documentation is critical to establishing domestic violence in court. Victims should collect the Medical records describing the wounds along with photos of physical injury or damaged property. Further, the text, email, and voicemails will also act as proof. The testimony from friends, family members, or neighbours is also crucial. Obtain Legal Representation: If you are a victim of domestic violence, a divorce attorney can assist you in the process of filing for divorce, secure restraining orders, and hold your abuser accountable through the legal system. For victims facing financial barriers, legal aid organizations may provide pro bono or low-cost services. Obtain Lawyer, File for Divorce and Protection Orders: Victims should file for divorce once they are in a safe place. At the same time, they should seek protective orders that will prevent the abuser from retaliating. Emotional and Financial Help: Leaving an abusive relationship takes an emotional toll. Victims must reach out for help, such as therapists and support groups focused on recovering from domestic violence. Additionally, they should talk to financial advisors about financial independence. Various community resources offer shelter, food, and job assistance to victims of domestic violence. Court Proceedings and Considerations: The court proceedings must be conducted with the utmost sensitivity to the family’s victims, which, in most divorce cases involving domestic violence, is the victim. Urgent protection can be requested by applying for an expedited hearing. Confidentiality protects private matters. Witness protection (if needed) can be obtained. Courts weigh the trauma effect on testimony. It is essential to have legal representation from skilled attorneys. Victims safety and welfare of children are top in the list of judges leading to a fair distribution of property and maintenance. Evidence of abuse is off the charts. It recognizes how domestic violence is a different crime from others and one that requires balancing the need for justice with the long-term needs of the victim. Conclusion - Empowering Victims Through Legal Protections Domestic violence is one of the grounds for divorce. Further, restraining orders, sole custody rights and financial support are also provided through spousal and child alimony payments. All of these allow victims to pick up the pieces of their lives and have a better future. If you or someone you know has experienced cruelty, seeking legal help early on can help ensure your protection and justice. Adequate legal advice, emotional affording, and financial assistance enable victims to proceed with security and self-assurance.

April 3, 2025 | By Unsaathi

Child Custody After Divorce

Child Custody After Divorce: Law and Significance [caption id="attachment_1567" align="aligncenter" width="1024"] Child Custody After Divorce[/caption] Divorce is one of the more emotionally and psychologically taxing experiences in life, especially if children are participants. It can be a complex process, especially regarding child custody arrangements. Custody arrangements play a critical role in ensuring the child's well-being, and parents must work together to navigate the legal complexities and emotional challenges that arise to ensure the child's best interests are prioritized. This article serves as an all-encompassing guide to child custody after divorce, raising awareness of the three custody classes, the court process, determining factors for courts, and some general tips for parents experiencing this life change. Child Custody: Its Meaning and Types Child custody refers to the legal rights of parents after they divorce or separate from each other.There are different personal and customary laws that govern the child custody after divorce. The Hindu Minority and Guardianship Act, 1956 has the provisions for child custody after divorce for the Hindus, whereas the Guardian and Wards Act, 1890 governs the child custody provisions for other communities. According to the Muslim Personal Law (Shariat), the child custody or Hizanat is usually granted to the mother , whereas the father attains the visitation rights. There are two main components of the child custody after divorce : physical custody and legal custody. Physical Custody: Refers to a parent's right to have the child reside with them. Joint physical custody means the child lives with both parents at different times, while sole physical custody means the child has a primary residence with one parent. Legal Custody: This allows the parent to make significant decisions in the child's life, such as their education, health care, and religion. Legal custody is often awarded to both parents or given only to one parent. Types of Custody Arrangements: Sole Custody: One parent has both legal and physical custody, while the other parent may be granted visitation. Joint Custody: Legal and/or physical custody is shared between parents. Joint custody is preferred, but the child's best interests take precedence. Bird's Nest Custody: With this arrangement, the children stay in one family home, and the parents take turns living there. This is rare but can be an option in some instances. Steps to Initiate Child Custody After Divorce Step 1: Initiating the Process The parents are forced to go to court for a ruling when they can't agree upon the custody of their children. While this process can differ in each jurisdiction, it generally includes numerous critical steps; Step 2: Petitioning for Custody One of the parents needs to file a custody petition in family court. This document is a parent's petition for custody and their reasons why they want what they request. Step 3: Mediation & Negotiation Before a trial with parents going to court, judges frequently persuade mediation. Although less adversarial than litigation, mediation also has both parents working with a neutral third party to come to an agreement regarding a custody arrangement. Step 4: Hearing at Court In cases where mediation is not successful, a hearing may be held at the court, during which both parents present their own cases. The judge will look at the evidence, listen to the parents' testimony, and might also hear testimony from witnesses and child psychologists. The court shall determine child custody after divorce based on what is in the best interest of the child. The ruling can include joint or sole custody, visitation and child support, among other considerations. How Judges Determine Child Custody? Although custody laws may vary by jurisdiction, most courts use a similar approach to decide what is in the best interests of a child. Judges typically weigh the following factors in order to grant the child custody after divorce: The Child's Preference: Under some circumstances, when the child is of sufficient age and maturity (generally at least 12 years old), the court might also consider the child's preference for where they want to reside. Parental Fitness: The psychological, emotional, and physical fitness of parents impact this factor severely (and how). Courts determine whether each parent is capable of meeting the child's needs, including whether they can provide a stable, loving and safe environment. Child's Relationship with Each Parent: The nature of the relationship between the child and each parent is an essential factor to consider. Judges typically consider how well the child relates to both parents and which parent has been more involved in the child's daily life in the past. Ability to Co-Parent: The parents' ability to cooperate and communicate with each other is a crucial consideration in joint custody cases. Courts tend to prefer parents who can make joint decisions that are in their child's best interest, even if that includes people who are no longer romantic partners. Primary Caregiver: If one parent has taken the lead on caring for the child (i.e., preparing meals, attending school functions, providing emotional support), this may also play a role in deciding custody for that parent. Finding of Abuse or Domestic Violence: Any finding of a history of abuse, neglect or domestic violence by either parent is essential when determining custody. In these cases, courts will take action to protect the child's safety and may limit or deny the abusive parent custody or visitation. Stability of Each Parent's Home: The court will evaluate both parents' living situation as well. The cleanliness and condition of the home, the neighbourhood's resources, and its stability all play a role in whether the particular home is suitable for raising the child. Visitation right - Why is it essential? Visitation rights: If one parent is awarded sole custody, the other parent may be granted visitation rights. Courts typically favour relationships with both parents and visitation plans will be tailored to ensure that the non-custodial parent continues to play a role in the child's life. When a couple separates, the need for a plan becomes crucial, especially when children are involved. Visitation rights help the non-custodial parent to nurture the bond with their kid. There are different personal and customary laws that govern child visitation right after divorce. For example - The Section 26 of Hindu Marriage Act, 1955, provides for the visitation rights after divorce for Hindus, Sikhs, Jains and Bhuddhists communities. Further, there are different laws like the Special Marriage Act, 1954 and Hindu Minority and Guardianship Act, 1956, etc that provide for other communities. Some important things to know about visitation: Regular Visits: Visitations are generally scheduled at regular intervals, even on the weekends , holidays, and vacations. A visitation schedule tells the child when they will see the non-custodial parent, which often calms the child and gives them a sense of security. Supervised Visitation: In situations where there are concerns regarding a parent's ability to take care of the child (such as abuse or substance abuse situations), the court may order supervised visitation. In this case, the visits will happen in front of a third party, a family member, or an executive supervisor. Parenting Plans (joint custody): A parenting plan is often required in joint custody and will outline how parents will make decisions and share time with one another. The time frame for visitation, transportation, and any other relevant logistical considerations will be outlined in the plan. Challenges and Emotional Considerations in Custody Battles Child custody after divorce disputes can be contentious, draining and complicated. This process can take a toll on parents and children alike. A few of the prominent challenges are: Emotional Toll on Children: Child custody after divorce battles can take an emotional toll on children, who may feel torn between their parents and experience confusion, sadness, and anxiety. They might also worry about losing touch with one parent, and that can cause emotional and behavioural problems. Parental Conflict: Hostile divorces are increasingly challenging to negotiate. This is called prolonged parental conflict, which can harm the child, and in extreme cases, parents use the children as pawns in the argument. Furthermore, parents could face the cost of finding attorneys or counsellors to help settle the dispute. Parenting Strain : Even if they have been given child custody after divorce. Custody has been decided, and parents will continue to work on being the favorite of their child. Disputes about daily decisions, vacations, and holidays can cause ongoing stress and strife. Tips for Parents Dealing with Child Custody After Divorce Navigating child custody after divorce can be a complex process, but here's some advice for parents to keep in mind: Foster the Best Interests of the Child: Always put the child's emotional, psychological, and physical health first. One way of avoiding a fixation on personal issues is for parents to remember that the primary consideration is their child's well-being, and they should concentrate on a solution that will be in the best interest of everyone, including their child. Consider Mediation: Mediation often allows for a less adversarial approach to custody disputes. This allows the parents to work jointly to develop a plan that is acceptable to both, without involving the court. Stay Calm and Composed: Keep your emotions in check during the process. While it is expected to be angry, sad, or frustrated, the need to be calm and present a rational case in custody hearings is vital. Seek Guidance from a Family Law Attorney: An experienced family law attorney can walk you through custody, explain your rights, and fight for your child's best interests. Child Custody After Divorce: Key Takeaways and Conclusion Child custody after divorce is one of the most complicated and emotional aspects to navigate after a divorce. It is incumbent upon both parents to objectively assess and establish what is in their child's best interest in the context of the law. Knowing about the different types of child custody after divorce, the legal process, and the relevant factors to courts helps parents make informed decisions and ensure that the child's needs stay at the heart of the process. Though there can be difficulties and emotional struggles along the way, with proper surroundings and assistance, parents can navigate custody resolution and establish a loving and stable home for their little ones.

March 25, 2025 | By Unsaathi

Building Bridges, Not Walls: Successful Co-Parenting After Divorce

Divorce ends a marriage but doesn't have to mean the end of effective parenting. Yes, the romantic relationship dissolves, but the bond of parent to your children remains, and the maintenance and nurturing of that bond will take place under your roof in a supportive and healthy environment. Co-parenting, or the act of raising children together while living separately, takes dedication, compromise, and a mutual commitment to your children's best interests. Decorrelating from your partner after a divorce can be daunting, but there are several key steps to foster a healthy co-parenting relationship to keep your children happy and help them grow into well-adjusted adults. In this blog, we will discuss practical tips and strategies for successful co-parenting, with an emphasis on trying to build bridges rather than walls. Co-Parenting: Legal Provisions and Best Practices Co-parenting or raising children after divorce/separation is about making sure your children come first. It requires open lines of communication, cooperative decision-making and parenting styles between homes. Legal terms are typically set out in custody agreements, and they explain visitation schedules, financial responsibilities, and decision-making authority. Courts focus on the child's best interest, which is meant to motivate parents to cooperate and minimise Conflict. Mediation and co parenting classes help you create effective co parenting plans so that children can retain stable relationships with both parents. These are the key points on how to do co-parenting effectively: Always put your kids first: The cornerstone of successful co-parenting is always prioritising your kids' needs. The overriding principle in all your decisions must be the emotional and physical safety of your children. Set aside personal animosity: Your kids shouldn't be collateral damage from your former relationship. Please don't make it all about your complaints and focus on their needs so that they can have an emotionally stable future. It is essential to note that co-parenting is not about favouritism. Providing a Stable Environment: Keep schedules, rules, and expectations consistent across both households so that kids don't have to adjust their schedules repeatedly. Shield Your Kids: Do not discuss adult issues with your children, and do not disparage your ex-spouse in front of them. Do not use them as messengers or confidants. Hear their concerns: Validate their emotions and create an open environment for them to share their worries. Communication is paramount, and talking to your kids effectively will strengthen your bond with them. Communicate with each other effectively: The key to being successful co-parents is communication. Here are a few tips to set up established lines of communication(s). Pick a neutral communication platform: Use email, a text message, or a co-parenting tool. Do not use your children as go-betweens. Maintaining a respectful tone: Regardless of disagreements, if they arise, talk calmly and respectfully. Stick to the issue and avoid personal attacks. It is important to note that not every disagreement needs to be a fight. Revisit the things that really matter. Use direct and clear words: Do not be vague, and make sure this makes sense to both parents. Establish regular check-ins: Decide on a schedule of regular meetings or phone calls to address any critical issues regarding your children. Keep a record of everything: Document every conversation, agreement, and expense. Develop a Co-Parenting Plan: Developing a co-parenting plan provides a clear roadmap for handling the complexities of raising children in separate households. Get professional help: A mediator or family therapist can help develop an in-depth and practical co-parenting plan. Cover the finals: The parents must cover custody, visitation, holidays, vacations, decision-making, and financial responsibilities. No vague language: Explain all plan details clearly to your partner. Clarity will not only provide you both with stability but will also contribute to the kid's well-being. Be open to rescheduling: Life happens, and things can change. Adjust the plan as needed with mutual agreement. Schedule regular review and revision: As the child ages and their needs change, checking in and updating the plan is essential. Keep Consistency Across Houses: Having a routine gives children a sense of security and minimises confusion. Create similar routines: Kids need to have the same schedule, i.e., the same bedtimes, meal times, and study schedules in both homes. Have similar rules and discipline: Communicate and commit to the same disciplinary strategies and consequences. This will make your kid's life easy and help them adjust better in both the homes. Share information: Make sure you each know of any school events, after-school activities, medical appointments and other important information. Coordinate on important choices: Take time to discuss and agree on major decisions about aspects of life such as schooling, health care, and matters of religious upbringing. Be Respectful Of Your Parenting Styles: Although you may have differing parenting techniques, respect each other's styles and don't undermine each other's authority. Prioritise your kid's needs: Both parents are working towards the same goal; thus, it is essential to make decisions for their children's well-being. Don't criticise each other's parenting: Nobody's perfect, and being a parent is tricky. Therefore, offering concerns in a constructive and respectful tone is essential. Trust each other's decisions: Unless there is a real and imminent threat to the kids, trust in the other parent's parenting decision. Be flexible: Understand that parenting styles might change over the course of a lifetime. So, it is crucial to understand and adjust accordingly. Manage Conflict Effectively: Differences are inevitable, so gleaning them appropriately and handling them is important. Listen actively: This means really listening to what your ex-spouse has to say and demonstrating an understanding of their perspective. A mediator can also be helpful if the Conflict cannot be resolved without a third party. Do not drag the children into the wars: Do not use your kids as pawns or make them choose sides. Prioritise Self-Care: Co-parenting and its emotionally draining aspects. Be cognizant of how you take care of yourself because that is how you keep yourself healthy and keep your kids healthy too. It is essential to spare time for hobbies, workouts, and relaxation. Establish limits: Protect your time and energy by establishing distinct borders with your ex-spouse. Reach out for help: Open up to friends, family, or a therapist about how you're feeling and the hurdles you face. Prioritise your own recovery: Give yourself the space to mourn the demise of your marriage and heal. Master Flexibility and Compromise: Co-parenting is about compromising and not being rigid. Be Open To Compromise: You will need to work together as a team to get through the tough times, so be open to negotiating. Co-Parenting Help: It's Okay to Ask Co-parenting is actually tough, so you can always ask for help from others. Do not be afraid to ask for it. Mental health professionals (therapists and counsellors): Professionals will for sure understand your situation and assist with both parent and child. Mediators: Hiring a mediator might help resolve conflicts, facilitate communication, and assess situations objectively. Training for better: Parenting classes can give the couple tools to co-parent successfully. These classes will help the parents better understand their child's needs. Remember the Long-Term Goal: You are not automatically a successful co-parent; this is an ongoing process that takes time and effort. Keep your eye on the prize: YOUR CHILDREN : Never lose hope of your children: Your children need both of you. In focusing on your kids' needs, having direct communication when necessary and collaborating as co-parents, you can set a co-parenting environment that is healthier for your kids and supports their emotional welfare. Keep in mind co-parenting is a process, not a destination. With patience, understanding and a mutual commitment to your children, you can help erect bridges, not walls, and shape a better future for your family.

The Role of a Divorce Lawyer: How They Can Protect Your Legal Interests

Advertisements Mediation and Alternative Dispute Resolution (ADR):

Selecting the Right Divorce Lawyer

Finding a skilled divorce attorney is essential to ensure the best possible outcome. Factors to consider are as follows:

Myths of Divorce Lawyers: Do Not Believe Them!

There are several misconceptions about divorce lawyers. Some common myths include:

Conclusion