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Who the child lives with, and on what visitation arrangement.
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These matters are as much emotional as legal, and the right lawyer is the one who tells you plainly what is achievable. Most family disputes pass through mediation before they are contested, and a settlement reached there is almost always faster, cheaper and less damaging than a decade of litigation.
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Bringing these to the first consultation saves a hearing later.
Every matter differs, but most follow roughly this sequence.
The lawyer establishes which law governs your marriage, what relief is realistic, and whether a settlement is worth attempting first.
The petition is filed before the Family Court having jurisdiction — usually where the marriage took place or where the parties last lived together.
The court refers most matters to mediation. Interim maintenance and custody arrangements are decided while that runs.
A settlement is recorded as a consent decree. If it fails, evidence is led and the court decides.
More specific matters handled under Family Law.
Ending a marriage on the grounds your personal law allows.
A negotiated separation both spouses agree to, with settled terms.
Monthly support and one-time settlement between spouses.
Protection, residence and monetary orders under the 2005 Act.
Legally securing an adoption under the correct statute.
Appointment of a guardian for a minor’s person or property.
Establishing who inherits, and in what share.
A petition seeking the return of a spouse who has withdrawn.
Registering a marriage, including under the Special Marriage Act.
The statute provides a six-month cooling-off period between the first and second motion. The Supreme Court has held that this period can be waived by the Family Court where the separation has been long and the settlement is genuine, so some matters do conclude within a few months.
No. Custody is decided on the welfare of the child. Courts do lean towards the mother for very young children, but schooling, stability and — for an older child — the child’s own preference all weigh in.
Yes. Since the 2005 amendment to the Hindu Succession Act a daughter is a coparcener by birth, with the same rights as a son. The Supreme Court confirmed in 2020 that this applies whether or not the father was alive on the date of the amendment.
It can be. The court looks at the standard of living during the marriage and the gap between the two incomes, not merely at whether the claimant has some income of her own.