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Frequently Asked Questions

Do I have to be separated for 3 years before filing for divorce?

Yes, unless there’s unreasonable behaviour or desertion. Separation periods depend on whether divorce is contested.

How long do parenting disputes take to resolve?

Timeframes vary, but simpler matters can be resolved in weeks. Complex cases may take longer.

What if I fear for my safety in a family dispute?

You may apply for a protection order. Urgent legal help is available.

Can we get a binding financial agreement without going to court?

Yes. BFAs are private agreements and legally binding when properly executed.

Do I need to go to court for a divorce or parenting plan?

Not always. Many family law issues are resolved through mediation or consent orders.

Can custody be changed later?

Yes. You can file for modification if circumstances change significantly.

Is child custody only decided in court?

No. Parties can also reach private agreements, which can be formalised through consent orders.

Can fathers get custody in India?

Yes. Fathers can apply for custody and are often granted visitation or joint custody depending on the facts.

Who gets custody of the child after divorce in India?

Courts decide based on the child’s best interests, typically favouring the mother for young children.

Do I need a lawyer for child custody disputes?

While not required, having a lawyer significantly improves your chances of achieving a fair custody arrangement.

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