Thursday, March 11, 2010

The Divorce Petition

Well begun is half done…
"If you have a good beginning, you are quite likely going to have a great outcome.”

50% of the battle is won on the basis of the good drafting of the Divorce Petition. I have spent hours together on understanding the best way to draft a petition. We use all of our divorce expertise in drafting of the Petition and lay a strong foundation for the entire contested divorce case… fortunately or unfortunately the computer era has made it much easy to use a template and fill in the blanks… and in few minutes a draft is ready….

I strongly go against this practice… and also recommend folks who are reading my blog and if you are an advocate… take this as a lesson learnt from my past experience … don’t fill in a template and file a divorce case…

I believe, every case is unique in itself, every client who comes to you has a unique problem, it’s the first time for a client that he/she is going thru a disturbed marriage. There can be various ways to understand the big picture. We just cant classify all cases of domestic violence to be the same like husband is abusive towards the wife… you listen to the client and use a template that has few statements on physical abuse and verbal abuse etc… and write a draft…

My success has been when I am with the client and understand in detail what she is speaking, listen, see and feel what she is going thru, empathize with her and to the very best explain her what options she has and let her chose the best. Be honest and tell her the truth… explain her what all are the things that will happen after a case is field and the duration and court proceedings. We all know the judiciary… its not magic things will not get resolved in a day or two it takes time… counsel your client and give more than a 100% assurance of effort that you will put in from your side and need a 100% support from the client.

Divorce is not a simple issue its multifarious and complex, hard-core emotions are involved in it, clients when speak to me they sometimes get angry, annoyed, cry etc… its very important to be with them and assure your complete support. Unlike other cases I have seen in my early days of practice a Divorce case is not a dispute for generating revenue or income but a personal battle fought in the Court to get justice.

Drafting a petition is a very crucial and an important stage and it should be effective. Effective drafting involves lot of concentration to every word that your client had shared with you and a lot of effort needs to be put in balancing the legal and personal interest of clients, it takes time and practice, I should have drafted more than a 100 petitions to get a one best after a lot of review.
One other interesting experience of mine that I wish to share in this blog… we often interpret things in a very different way the client has shared with us. We go adding few of our own things and make it a masala mixture that the client may have never experienced in her life. Just to make the case strong we may write something that has never happened. Despite the fact that you are an excellent in your communication skills, its significant to have true issues arising out of genuine facts so that it should make one understand that you have just not filled in the blanks of a ready made divorce petition template or one standard form of Divorce Petition.

You can rely on my experience in getting divorce Petition drafted that is a resonance your true emotions !!!!!

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About Me

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I am a practicing advocate in Bangalore Highcourt. My goal is to ensure my clients get justice and victory... Areas of Practice: · Mutual Consent Divorce · Contested Divorce · Annulment Of Marriage · Restitution Of Conjugal Rights · Maintenance (Interim and Permanent Maintenance) · Child Custody (Visitation, Interim and Permanent) · Criminal Proceedings (Bigamy, 498A etc...) · Domestic Violence and Alimony settlement · Registration of Marriage · Power of Attorney · Documentation and Registration of Will · Pre and Post Marriage Councelling Contact : Phone : 9845944896