Mutual Divorce - No financial gain needed
Hello,
My mother is saperated from my father for the past three years due to my father’s unending and multiple cases of adultry. My mother is now employed and earning a fair salary and my sister and I are adults and well settled and are emotionally supporting my mother.
We want my mother to get a divorce from my father and after getting legal help, we spoke to him requesting for a mutual divorce. However, he is refusing to do this and has put a condition that only if we give away the power of attorney (POA) to him (to one of his friends) for all the investments that he has made in our joint names in the past, he will give us the divorce. He is also continuing to make investments in my mother’s name by forging her signature for his personal tax benefits.
We DO NOT want any financial gain from him at all and we are willing to sign-off everything. However, we know very well that even after we do this, he will not give my mother the divorce by mutual consent. We are NOT in a position to engage in a contested divorce either emotionally or financially.
Please can experts advise what our options are and what means we can use to convince him to give my mother the divorce?
1. Would it be ok if we said to him that he can sign the divorce papers and we can sign the POA on the same day and exchange the documents on the same day? Is this possible?
2. Is there any document that we can legally register/file to confirm that my mother is ‘Seperated’ and she is not receiving any financial help from him?
Many thanks
2 Replies
After reading all that you have written, I would advice you to remain quiet and continue life as such since your mother and father are already living separately for the last three years and there is no harm from your father to you, your sister and mother.
Since your father is not willing for a mutual divorce and filing a divorce case against him would mean a lot of botheration mentally, physically and in terms of money for your mother.
Secondly you should not part with the joint investments that your father has made. Your mother would not derive any benefit from divorce as you already mentioned that no financial gain is needed.
Think again by a cool mind to get a better picture as to what benefit you and your family would derive from divorce.
Thank you Sir/Ma’am. We have considered reamining quiet and leading life as it is currently set. However, almost three decades of mental and physical abuse has led my mother into a state of fear. We have firm reasons to believe that my father will not leave her alone and will continue to harrass her by emails, phone calls, visits and sending his people to ‘speak sense’ to my mother. We therefore feel that a formal divorce will achive the much needed closure for my mother so that she can start anew. However, I do appreciate your thoughts and very much see the validity of yoru advise. Would be grateful if you can advise on any options that we can make use of in this situation.