Swati Jindal Garg & Associates

Frequently Asked Question (FAQ’s)
On Family Law

Need Legal expert services on Legal  matters? Contact registered practitioner advocate at +91 99112 32024, 011-26532129 or email us at [email protected] .

Supporting businesses, individuals & families since 2000

How does the court determine child custody?

There are many different factors which are taken into consideration when the court makes a decision about the custody of your children such as living situation, proximity to other family and schools, and income of each parent. First and foremost, a judge will determine a custody arrangement that best fits the child’s best interests.

This means that unless there are extreme circumstances that warrant a need for the child to be separated from one parent, a judge will typically favor joint custody arrangements. These circumstances can include any history of abuse, drug or alcohol use, and mental or physical health issues. The bottom line is that your children’s interests are always protected.

How does the court determine child support?

In the same thread as child custody, child support is typically determined to protect the best interests of the child. Judges will weigh a number of factors, namely the ability of one parent to support the child and the financial status of the other. Additional factors that will be considered include any special education needs of the child, the physical or mental health of the child or either parent, and the credentials or ability of the recipient to obtain work.

How can I enforce child support?

If a noncustodial parent falls behind on child support payments, you do have options for enforcing it, but they must be carried out through the court. The court can use various methods to collect any back child support payments. These methods can include income withholding, wage garnishment, interception of tax refunds, liens or attachments to property. Additionally, a court can take punitive actions if these methods are unsuccessful which include license suspension, passport denial, and even possible jail time.

Should I put together a prenuptial agreement?

It is the personal choice of you and your spouse if you would like to draft a prenuptial agreement, but it can be very beneficial to put down the terms of what will happen to your assets, property, or children should you ever divorce

How long does the divorce process take?

Every divorce case takes a different length of time, depending on the unique circumstances. This will likely depend on how many issues are contested and how quickly you and your spouse can come to agreements. The most common factors that affect the length of the process include the ability for you to cooperate with your spouse, honesty about existing assets, openness to negotiations, and willingness to make sacrifices. Stubbornness, evasion, and animosity can hurt the process and cost more time and more money.

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Lawyers of Swati Garg & Associates have the experience which offers excellent representation in the court of law; taking you through the complete procedure of litigation from filing your case to appeal processes.

We provide services in person through our offices in Delhi and virtually around major cities of India and world.

Swati Garg & Associates has offices and associates in entire India to handle and effectively defend litigations in various prominent courts & Tribunals and forums of India. The prominent courts & Tribunals are Supreme Court of India (SC), Different High Courts in India (HC), National Company Law Tribunal (NCLT), National Company Appellate Tribunal (NCLAT), Competition Appellate Tribunal (CAT), Excise and Service Tax Appellate Tribunal (CESTAT), Income Tax Appellate Tribunal (ITAT), National Green Tribunal (NGT), Authority of Advance Ruling (AAR) and more.

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Get the consultation from the highly experienced advocate, Swati Jindal at +91 99112 32024 for Arbitration Services. SJG & Associates is a Delhi, India based Litigation Law Firm dedicated to Legal Services for Supreme Court of India, Delhi high court, NCDRC, NGT, CAT and all district courts and tribunals in Delhi. 

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Indian Oil Complex, Yusuf Sarai,
New Delhi, Delhi 110016

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+91-11-26532129

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Swati Jindal Garg & Associates

Law Firm In Delhi, India.

Doctorate in Criminal Law and is the Legal Member in the Internal Complaints Committee of various private as well as Government Organizations. She is also an empanelled advocate of various government institutions. The author has been a visiting lecturer in Law Centre-I, Law Faculty, Delhi University and has been writing on various legal issues in reputed journals and legal magazines.
She has also authored books on legal issues impacting women as working on women related issues is her keen area of interest. Confidence building and leadership development of women is close to her heart and she is a firm believer of the fact that holistic development happens women coach women and take each other forward.