-
Call Us Now 9560744478
-
Mail Us Now advocatepriyapaul@gmail.com
Filing for divorce in India is not smooth sailing, especially in light of the lawsuits that have to be filed and the paperwork. Whether it is mutual consent or a contested divorce, the legal procedures are hard to fathom. Provided below is a step-by-step guide on how to file for divorce, how to apply for divorce online, the procedure for filing for divorce in India, and the documents needed for mutual and contested divorces.
For those who are contemplating the idea of hiring a divorce lawyer in Delhi or meeting a legal expert in which all legal formalities could be completed correctly, divorce considerations come into view.
The term 'divorce' is usually understood to refer to the judicial process involving the dissolution of marriage, terminating the marital relationship, and reorganization of rights and obligations between spouses. In India, the laws relating to divorce are different as it is religion-specific. Some of the laws may include the Hindu Marriage Act, Special Marriage Act, and Muslim Personal Law. As such, the entire procedure is a bit cumbersome hence an earlier consultation with a lawyer who may be able to provide crucial advice in respect of the same.
This is divorce by consent and it is called when the couple consents to terminate the marriage hassle-free. They include:
Contested divorce occurs when the husband or the wife wants to end the marriage but the spouse refuses to agree to that. Common grounds for contested divorce include:
Contested divorces tend to take a long time to conclude, commonly ranging between 2-5 years, with numerous court appearances and evidence presentations.
Obtain a divorce lawyer in Delhi or your locality who can prepare the petition.
2. Prepare and Present the Mutual PetitionThe couple presents a mutual petition signed by both of them. The couple, before this petition, declares that they have been separated for at least one year and that they have given mutual consent to divorce each other.
3. Appear before the Court for the First MotionThe court will look upon the filed petition and may provide counseling to reconcile parties.
4. Waiting Period of 6 MonthsAfter the first motion, there is a waiting period of 6 months that allows thought.
Even after that, if the court feels that without delay it is going to suffer then the waiting period can be waived by the court.
5. Second motion and Final HearingAfter the waiting period, the couple appears before the courts for the second motion confirming their decision to divorce.
It is essential to seek out legal representation who is skilled and experienced in managing hostile divorce cases.
Commence with the Preparation and Submission of the Divorce PetitionThe lawyer pens the petition and files it at the family court together with the necessary documents supporting the petition.
Serve Notice to the RespondentThe court issues a notice to the other spouse directing him or her to come to court.
Waiting for Evidence and Court HearingsAll the parties involved in the divorce hearing present their side, bring evidence and go through cross-examinations.
Last Statements and Divorce Order PronouncedThe evidence in court is closed the honourable judge makes a ruling and if it is suitable issues a divorce.
Online divorce filing is still in its nascent stage in India, but some of the states have started providing online services to initiate it.
How to File Divorce Online in India| Ground | Description |
|---|---|
| Cruelty | Physical or mental abuse by one spouse toward the other. |
| Adultery | Voluntary sexual relationship with someone else. |
| Desertion | One spouse leaving the other for at least 2 years. |
| Conversion | Changing religion without the other spouse’s consent. |
| Mental Illness | Incurable mental disorder making cohabitation impossible. |
| Venereal Disease | A communicable disease that threatens the partner’s health. |
For you to be assured of the protection of your rights while getting or giving the divorce, you need a divorce lawyer. They offer:
Executing the divorce proceedings in India need not be unnerving if one knows the steps that are involved. No matter whether one is going for a mutual or contested divorce, it is advisable to hire a divorce attorney as it will make sure that everything is done legally. Following the right course of action to file for divorce in India and providing the essential documents, makes it easier for couples to deal with the challenges especially if they are filing for an uncontested divorce.
If you require help, consult a lawyer to guarantee that your legal rights are maintained and that the procedure goes smoothly. A Resident of Delhi, like engaging a divorce lawyer in delhi is of great advantage as a familiarization with the court is guaranteed.
We are always available to guide the one in need with the right legal advice and build their confidence in the law.
Priya Paul & Associates are looking forward to directing the way with lawful guidance. Reach us to find the best one with legal experts.
Main Office Gurugram, Haryana, 122002
E-mail advocatepriyapaul@gmail.com
Phone 9560744478
WORKING HOURSMon-Sun: 8am – 5pm
We are the legal consultants who don't extend the court dates but cut the chase of appointments short by getting outcomes with lawful foundations.
