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Some important Matter that need to understand A divorce is among the most traumatic occurrences for any couple. To add to this, it can also be a long- winded and costly affair in India if the divorce is contested. Even couples that mutually agree to the divorce, however, must prove that they have been separated for a year before the courts consider their plea. NB Law firm provides all divorce services easily at affordable price. When can you file for divorce? You are able to file for divorce once you have been married for at least 1 year and have a valid reason for divorce. It is a myth that if you leave it a long time you can get an automatic divorce granted, sometimes it actually makes the process longer and more expensive. How are property matters settled? It seldom matters whether you or your spouse own the property. If you are married – irrespective of the fact that a divorce petition has been filed – you have the right to occupy the property. If you are also looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have the right to remain on the property. What about child custody? Many assume that the mother always gets custody of her children. This is not the case. While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts are expected to see to the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. Money is not usually a matter that is considered. Non- working mothers are regularly given custody of their children, but fathers are expected to provide financial support. Going through a divorce is an extremely difficult time that takes a great toll on everyone involved in the relationship.