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My Seperated scenario

Discussion in 'Life Without Spouse' started by reshma117, Jan 22, 2014.

  1. reshma117

    reshma117 New IL'ite

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    I am married for over 7 years and we have a son who is 4yrs old.
    I have been separated from my husband for almost 1.5 years now, and my son is with him.
    I am currently in US and he is in India with my parents.
    When we were is US, may dad had come over and there was some serious fallout and since then he went into depression/paranoia and moved out to India.

    I want my son back, but still want to live with him.
    He says he has made up his mind to give divorce and tried to send Mutual Divorce petition from India which i did not accept.
    If he comes to US and gives me divorce, would i have any choice but to give?
    He is in general nice, but he never loved me nor does he care or respect for my feelings. He never took great care of me.
    Not sure what to do?
     
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  2. su75y

    su75y New IL'ite

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    Read about your situation. Felt sad :(.
    Remember one thing. Whatever happens is because of circumstances we create ourselves or allow others to create it. There is nothing in this world like love you can give to your son and each other. Loving family is wonderful environment.
    Try to go in flash back of your life and try to find where things went wrong. I am 100% sure you will get answer for sure. Just imaging you can go back to that point where things started to go wrong and think what could be the best action you could take so that current situation couldn't arise? If it is possible for both of you to reach that point when u were very happy try it in real life and talk to each other to start your life once again. 1-2 year time is not long for forget mutual mistake. Tell him relation of husband and wife is spiritual, cannot change. If he still decide to leave you tell him no other woman can love him like wife (you). Human have capabilities of being anything than why can't be exactly same as our partner wants? Conflicts starts when there two person have different thinking. That means it is our state of mind when things goes right or wrong. Human can control only his own thought. So can change life. TRY YOUR BEST TO JOIN HIM. forget money, US, luxury or whatever has taken u to US or in current situation. Love has power of getting anything in life again. Everything is state of mind. You request to him should be from bottom of your heart and real.

    I feel very bad when I read such stories of others. I am married for 12 years, man, have son, expecting another kid soon. We love each other. I know she can't live without me and I can't without her. We have wonderful family. Wishing the same for you.

    If you have any thing to discuss or need advice please let me know.

    Rgds
    sk
     
  3. Laks09

    Laks09 Moderator Staff Member IL Hall of Fame

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    Reshma,
    You have to ask this question to a lawyer. Only lawyers can give you the legally right answer.
    Try to get a legal opinion from a lawyer in India as well. I'm not sure on how it works for citizens/non citizens married outside the US.
     
  4. KP55

    KP55 Gold IL'ite

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    it takes 2 to make a marriage work. If one of you doesnt love the other, there is no point in forcing one to stay. Reconciliation should be natural and not forced. Since you already have 1.5 years apart. In US that means you are legally seperated. You only need 1 year to live apart to apply for divorce. The divorce is simply a formality to recognize annulment of your marriage to the government. The lawyers are there if you want to fight for custody of your child and/or property.

    Why not accept this for what it is and give your child at least a happy upbringing. He may come around and see that you are trying and may have a change of heart.

    What I don't understand is why/how is he living with your parents with your child when he doesn't want to be with you?
     
  5. Rakhii

    Rakhii Moderator IL Hall of Fame

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    Reshma, a lot would depend on your status in US. Generally speaking, if the divorce is mutual, you can have a shared custody of the child, provided he is also working. If he is dependent on you, I am unsure if he can even come to States with a divorce pending.

    You need a lawyer.
     
  6. JustMyself

    JustMyself Gold IL'ite

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    Could you please clarify.
    1. Is your DH living with YOUR parents ?
    2. The fallout, was it with your DAD or DH ? If this is with Dad, what is the significance of this incident to your current situation ?

    Please check
     
  7. thinkingHusbank

    thinkingHusbank New IL'ite

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    If you are living is Blue state generally no fault divorce is applicable and if one spouse applies another cant refuse.
    In India courts are very conservative and is more pro women. But after two years of separation amounts to divorce and you might not get child custody if he proves you deserted him and your son. Consult a lawyer in India as he cant come and contest here in US.
     

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