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Having Family Troubles: Here Is Why You Should Consult A Lawyer ?

A lot of the times, people are under the misconception that legal issues which arise related to their personal family matters, do not need consultation by a lawyer. They believe that family matters are not as complicated and technical as other legal proceedings like criminal matters and also that they will be able to handle family matters themselves, which are relatively more informal. Though their belief might be true to some extent, it might not always be true and even in family matters, there might occasionally arise such matters which require the assistance of a professional belonging to the legal field and having some prior experience in such matters.

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This blog seeks to focus on the various reasons for why it is advisable for persons to approach a family lawyer for dealing with a family issue in which a legal glitch has also arisen.

First and foremost, a person must realize that family proceedings are not as formal as they might seem to be. For example, in a case of allegation by a person of bigamy by the other spouse, the alleging spouse has the burden of proving two things:

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  • That their marriage was a valid one
  • That the other spouse has engaged in a second marriage.

Similarly in cases of divorce, the grounds which have been provided under Section 13 of the Hindu Marriage Act, 1955, the court will necessarily demand from the petition, a satisfactory proof needs to be provided of the allegation to enable the court to grant a divorce decree.

Also, in cases of demand for alimony or maintenance, various factors need to be proved to the satisfaction of the court, for example, the income status of the husband, the fact that the wife will be unable to sustain herself and her children according to their previous living standards, if such order for maintenance or alimony is not granted to the wife etc.

For proving all the above aspects, the court shall require sufficient evidence and rules pertaining to the Indian Evidence Act, 1872 shall apply accordingly.

Most importantly, in cases involving divorce proceedings, the parties, in their anxiety, might tend to overlook the minor aspects of their case which an experienced divorce lawyer is unlikely to miss out on. Instead, the objective, third person view of the divorce lawyer allows him or her to see if there exists any possibility for reconciliation between the parties and if the matter can be settled amicably between the two without the need for them to go to the court. The lawyer shall also know, with, his or her prior experience that what are the technicalities involved. The lawyer will be able to foresee the problems which might arise in future. Also, the lawyer, being acquainted with the law, knows  exactly in which court the petition needs to be filed, what procedures are applicable, what documents need to be submitted, what documents might be relevant etc. Therefore, the lawyer plays a crucial role even in matters related to family issues.

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