Cheated by wife: My brother got married in July 2019 and living with wife in his work place. In Aug 2021 his wife stepped out of house without informing anyone. She married another guy with whom she was in love affair through tik tok. And she came back with second husband after one month. They surrendered in police station where my brother filed a missing case on the same day when she left the house.Now her parents separated her from second husband and asked my brother to forgive her mistakes and accept her. As my brother Cheated by wife was not interested to live with her any more. He wants to get divorced. But his wife is not accepting for divorce. She wanted to live with my brother as her second husband left her. This is because she got married to second guy without informing her first marriage. Now how can my brother get divorced as she's not accepting it
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Step-by-Step Legal Solution:
- Consultation with Attorney: Your brother should schedule a consultation with an attorney at Rajendra Law Office LLP to discuss the specifics of his case and seek legal advice on his options for divorce.
- Review of Marriage Laws: The attorney will review the relevant marriage laws in your jurisdiction to determine the grounds for divorce and the legal process involved.
- Evidence Gathering: Your brother should gather any evidence related to his wife's infidelity, such as witness statements, communication records, or any documentation proving her marriage to another man.
- Drafting Divorce Petition: With the assistance of the attorney, your brother will draft a divorce petition outlining the grounds for divorce, including his wife's infidelity and subsequent marriage to another man.
- Filing Divorce Petition: The divorce petition will be filed with the appropriate court, along with any supporting documentation and fees.
- Service of Process: The divorce papers must be served to your brother's wife, notifying her of the divorce proceedings and giving her an opportunity to respond.
- Negotiation or Mediation: If your brother's wife contests the divorce, negotiations or mediation sessions may be conducted to try to reach a settlement agreement outside of court.
- Court Proceedings: If negotiations fail, the case may proceed to court where a judge will hear arguments from both sides and make a decision regarding the divorce.
- Legal Representation: Your brother should be represented by his attorney throughout the court proceedings to ensure his rights are protected and his interests are advocated for.
- Final Judgment: Once the court has reviewed all evidence and heard arguments from both parties, a final judgment will be issued either granting or denying the divorce.
- Enforcement of Judgment: If the divorce is granted, the terms of the judgment, including issues such as property division, alimony, and child custody, will be enforced by the court.
- Appeal (if necessary): If either party is dissatisfied with the court's decision, they may have the option to file an appeal within a specified timeframe.
- Documentation and Records: Throughout the process, your brother should maintain thorough documentation and records of all communications, court filings, and proceedings related to the divorce case.
- Support and Guidance: Your brother should continue to seek support and guidance from his attorney at Rajendra Law Office LLP to navigate the complexities of the divorce process and ensure his rights are protected.
- Closure and Moving Forward: Upon completion of the divorce proceedings, your brother can begin to move forward with his life and focus on rebuilding after this difficult chapter.
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