Legal Advice

Facing a decade of mental abuse: navigating divorce, alimony, and custody battles

Question: My cousin has been in a mentally abusive relationship with her husband for 10 years now,and has terrible in-laws who are ruining her marriage.she has 2 kids.her husband is rich,but irresponsible,immature and insensitive and mentally abusive and was physically abusive too,at times.this has damaged my cousin's sense of well being and she has developed anxiety,hypertension,mental stress.he has kept her away from his home saying that her mother too has to take responsibility of looking after her..he doesn't provide maintenance except for one child's school fees..my cousin's mother is looking after her..in a fit of anger,due to hypertension my cousin had used bad language against her husband..this has happened time and again..now he is blackmailing her with those messages to avail divorce and escape alimony and trying to further mentally torture her by snatching away the kids..he has never been a committed father though the kids like him..my cousin though qualified,is a homemaker and is not working..she has little income but it won't suffice for her and her kids as per her lifestyle.there have been some telephonic conversations too where this happened.can she claim alimony if her husband wants to divorce her based on those watsapp chats and phone conversations where she used offensive language after being provoked by him?and what about the kids?..now she wants peace in life and financial security for herself and kids

Advise

In this challenging situation, it’s crucial for your cousin to take several important steps to address her mentally abusive marriage and seek the legal and emotional support she needs. First and foremost, she should consult with a family law attorney who specializes in situations like hers. This attorney will provide her with legal guidance tailored to her unique circumstances, helping her understand her rights and options.

In parallel, it’s essential for your cousin to document everything related to the abuse and threatening messages, as well as any incidents or phone conversations. These records may become valuable evidence when discussing matters of alimony and custody during divorce proceedings.

Addressing the emotional and mental stress she’s experiencing is also vital. Encouraging your cousin to seek therapy or counseling can help her cope with these challenges. Support groups can also provide a valuable outlet for sharing experiences and receiving advice from others who have faced similar situations.

If both parties are willing to cooperate, mediation can be an alternative approach to resolving divorce and custody matters, aiming to reduce the adversarial nature of the process.

Child custody considerations must prioritize the best interests of the children. Your cousin should openly discuss her concerns about the well-being of her kids with her attorney, who can help determine the most appropriate course of action.

Alimony eligibility is a complex matter that varies by jurisdiction and depends on factors like the length of the marriage, financial circumstances of both spouses, and their behavior. Your cousin should discuss her specific situation with her attorney to understand her potential eligibility for alimony.

In cases where your cousin feels her safety is at risk, obtaining a restraining order or protective order should be considered, and she should consult her attorney for guidance on this matter.

Lastly, discussing financial planning for her and her children’s stability is crucial. An attorney can assist your cousin in exploring various options for achieving financial security during and after the divorce proceedings. Ultimately, it’s essential that your cousin seeks professional legal advice customized to her unique situation. Her attorney will be her best source of guidance and support throughout this challenging process.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Family Law

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