Get 20 Mins Free Consultation!
Streamlined Solutions for Your Divorce Needs: Consultation, Mutual, and Contested Resolutions Await!
About Divorce Services
Divorce is something that can be challenging for anyone financially as well as emotionally, but by getting proper guidance and support, you can protect yourself from such challenges. Therefore, we are offering online Divorce Services. Whether you are looking for Consultation or Lawyer for Mutual or Contested divorce, You can rely on our experienced Divorce Advocates who have years of experience working in this domain.
Divorce proceedings can be sensitive and our experienced advocates understand that. Therefore, they strive to empower our customers to make informed decisions for their future. Moreover, our experienced Divorce Advocates will also let you know about the consequences you may face in the future depending on your situation. Whether seeking divorce legal advice, understanding financial implications, or emotional support, you can trust our dedicated advocates to guide you through the process, empowering you to move forward confidently. We & our Divorce specialist Advocates prioritize confidentiality and privacy, providing a secure space for customers to discuss concerns and receive proper legal advice & guidance.
Types of Divorce in India
In Mutual Divorce, both parties agree on parting their ways with their mutual consent. They take this decision mutually and decide to exchange their items and goods which they have given to each other when they got married.
Conditions of Mutual Divorce
There are certain conditions that should be filled for a Mutual Divorce petition in India. Some of the conditions as per the Hindu Marriage Act & Special Marriage Act are mentioned below:
- Mutual Consent for Divorce: A Mutual Consent for Divorce need to be submitted in the honourable court.
- Marriage Duration: A petition of Mutual Divorce does not entertain by the court if the duration of marriage is less than one year.
- Separation Period: A separation of one year mandatory for the Mutual Divorce.
- Agreement: There should be an agreement between the husband and wife in respect of settlement such as maintenance, alimony, child custody, etc.
Process of Mutual Divorce in India
The process of taking Mutual Divorce depends on the law applicable in your judiciary. However, there are few major steps in the process are mentioned below:
- Hire a Lawyer: The first step is hiring an experienced Divorce lawyer, who can provide you right legal advice depending on your case.
- Drafting & Filing: Now draft and file the Mutual Divorce petition that includes all the facts and the grounds on which you are seeking Divorce.
- First Motion: Post filing, You and your wife along with respecting advocate have to appear in front of court at the appointment date.
- Joint Statement: Next, court will order will order for joint statement of both parties along with their signature once first motion is passed.
- Cooling Off Period: Post first motion, Court will provide a 6 to 18 months cooling off period to reconsider their decision.
- Second Motion: Once the colling off period is over and you & your partner are unable to settle the differences, you can file a joint petition for Second Motion.
- Court Decision: Once the court is satisfied with the given petition, it issues a Divorce Decree
Documents Required for Mutual Divorce
Below are the documents required for Mutual Divorce in India:
- Address proof of both parties
- Proof of Marriage
- Child related documents
- Marriage photo of husband and wife
- Settlement details of assets and property
Contested Divorce is a type of Divorce where one of the party wants to get divorce but the other one doesn’t agree. Such cases take long time for dissolution where decision is taken by the honourable court.
Conditions of Contested Divorce
There are certain conditions that should be filled for a Contested Divorce which are mentiond below:
- Cruelty: If your partner has abused you, you may file for divorce.
- Addiction: If any of a Spouse if Drug Addict, the court may issue the divorce.
- Mental Disorder: If a spouse is Not in Sound Mind, the other one can file for Divorce.
- Adultery: The other spouse may file for divorce in court if the other spouse engaged in voluntary sexual relations with another individual.
- Desertion or Renunciation: The court may grant a divorce if there has been desertion or renunciation for longer than seven years.
- Venereal Disease: Spouse may seek for divorce if one of them has venereal disease.
- Conversion: n case of religion change, the other Spouse can seek for Divorce in India.
Process of Contested Divorce in India
The process of filing contested Divorce is lengthier than the Mutual Divorce. Here are the steps:
- Hire a Lawyer: Firstly, hire a Divorce Advocate who can right legal advice based on your case and circumstances.
- Drafting & Filing: Now, the advocate will draft and file the Divorce petition mentioning the grounds on which you are seeking the divorce from your partner.
- Court Appearance & Settlement Attempt: Next, court may try to differences between both partners by counselling or outside settlement talks.
- Completion of pleadings: If settlement fails, the spouse who is opposing the Divorce can reply against the divorce petition. Party who filed the petition can reply the other party’s petition.
- Trial: Now the court trail will start and at the end court will have facts and the version of both parties. Court then proceeds for trail which will include evidences, cross examination and then the final argument will be done.
- Final Judgement: Once the trail is done, court will decide whether a Divorce Decree to be issued or not.
Documents Required for Contested Divorce
Below are the documents required for Mutual Divorce in India:
- ID proof of both parties
- Marriage photo of husband and wife
- Evidence to proof the groud of seeking Divorce.
Process of Mutual Divorce in India
Process of Contested Divorce in India
Process of Mutual Divorce in India
Process of Contested Divorce in India
Book 20 mins Free Consultation now!
📣Limited Period Offer📣Featured On
Case Studies
In our client's case, the discovery of their spouse's affair led to divorce after fifteen years of marriage. Despite the initial shock, they chose open communication and counseling to address the situation respectfully. With our legal guidance, they opted for mediation, reaching agreements on property, custody, and finances. Both committed to co-parenting and emerged from the process with resilience and optimism for the future.
In our client's story, their spouse unexpectedly decided to leave everything behind for a life of spiritual dedication, ending their fifteen-year marriage. Struggling to reconcile their own desires with their partner’s new path, our client ultimately chose to seek divorce. It was a tough decision, but they wanted to move forward and find peace. With the help of legal guidance, they navigated the emotional challenges of divorce and aimed for a fair resolution. Though painful, our client found comfort in reclaiming their independence and starting anew.
Knowledgebase
- Property Division: Both spouses have the right to a fair division of marital assets and debts.
- Fair Treatment: Both spouses have the right to be treated fairly and respectfully by the legal system and each other during the divorce proceeding.
- Child Custody: Both parties have the right regarding custody and visitation of their children, as well as responsibilities for child support.
- Alimony: Depending on the circumstances, one spouse may have the right to receive financial support from the other spouse after the divorce.
- Legal Representation: Both parties have the right to seek legal counsel and representation to ensure their rights are protected throughout the divorce process.
- Spousal Support: Wives may be more likely to receive spousal support, especially if they were financially dependent on their husbands during the marriage.
- Child Custody: Custody arrangements for children may favor mothers more often, although this varies based on factors such as the child’s best interests and parental involvement.
- Division of Assets: The division of marital assets can cary, with courts considering factors such as each spouse’s financial contributions to the marriage and their respective needs post-divorce.