Legal Notice For Divorce | How to Send Divorce Notice?

Table Of Content

• Who Should Send Divorce Notice First?
• Is Legal Notice Mandatory For Divorce?
• What Happens When Divorce Notice Is Sent?   
• What Should Be Included In A Divorce Legal Notice?
• How Many Days Are Required For Divorce Notice?
• How To Write A Legal Notice For Divorce?
• What Happens If I Don’t Respond To Divorce Notice?
• Can Divorce Notice Be Cancelled?
• Conclusion

With every other aspect of Legal Notice, divorce is also a civil dispute in which a party can receive or send a legal notice. Under the section 13 Clause 2, it has many clauses under it though here are the most common ones: the Bigamy. In this, if the husband has a wife & does another marriage then it will be considered as null and void. Secondly, the Attainment of Puberty, here if the female is older than 15 and younger than 18 then she can file a suit for annulment against her husband to nullify the marriage. Thirdly, Rape or Sodomy, if the husband forces his wife into any physical activity without her consent then the wife can claim for divorce in such situations. Sending legal notice for divorce has many cases like these and is now normal. So we will be discussing this detail below.

Who Should Send Divorce Notice First?

In India, there is no fix party. Anyone from both parties can send the legal notice first. The dispute can be regarding domestic violence, affair after marriage, psychological abuse, etc. With the help of appropriate legal procedure they can send a legal notice for divorce to the other party. If the other is not ready for the settlement and no response comes then the concerned party can take the case to the court of law to seek justice.

Is Legal Notice Mandatory For Divorce?

Well in divorce you can direct file the case but sending it priorly just to let the other party know your thoughts and what you want so sending a legal notice before filing the case would be better for the concerned party. The whole matter of sending a legal notice is to get a response from the opposite party on the raised issue.

What Should Be Included In A Divorce Legal Notice?

The divorce legal notice should be made on the ‘Letterhead of an Advocate’ where all the information is written about the advocate such as the advocate’s name, number, address, etc.

The details that should be included in the Legal Notice for Divorce are as follow:

1. Date of marriage: The marriage date of the couple should be mentioned in the Notice to reflect their marriage time period which is a necessary point.
2. Place of Marriage: The name of the place where the vows were taken by the couple should also be mentioned in it in order to validate the marriage.
3. Marriage Act: Through which Marriage Act they have taken vows should be mention in the Legal Notice such as Hindu Marriage Act or Christian Marriage Act and so on. 
4. Residential Address: Where both parties used to live together after marriage in a joint family or in a nuclear family. 
5. Details of Children: The details of the children such as name, age, etc. should also be written in a elaborated form if the couple had any.
6. Reason of sending Legal Notice: Why the Legal Notice has been sent to the opposite party should be mentioned in an elaborated way since it is the most important point. The reason. Why such situations rise and what caused it to happen? For example, A couple got into a love marriage and the behaviour of the husband changed after they got married. He started torturing his wife not only mentally but physically too. So in this situation, a wife can send a legal notice to his husband and ask for divorce.
7. Settlement: Lastly the solution. How things can be mended? The aggrieved party mentions the settlement clauses that what the opposite party has to do in a given time period such as if they can improve their respective behaviour towards the aggrieved party or sign the divorce paper on an immediate basis; this purely depends upon the client as what action they want to take. If the settlement is not completed by the opposite party then the appropriate actions will be taken and all the risk involved has to be beared by the opposite party.

Although, we would highly recommend you to take Divorce Consultation before sending a legal notice to your partner to aware yourself about your rights and available legal options depanding on your situation.

How To Write A Legal Notice For Divorce?

Getting your Legal Notice made Online is way easier and simple than wearing bruises all over your feet. Cause there are many huge differences in online and offline ways. Such as the pricing, the procedure, and the wastage of time. Also, the Online websites who serve these legal services to their customers have a strong and experienced advocates. They assigned them to solve and draft the legal notice for their customers. Let’s take a look at the online procedure of our website:

1. Visit our website www.edrafter.in
2. Then click on the ‘Services’. Choose ‘legal notice’.
3. After that Register for Legal notice service. 
4. Our experienced  Advocate will contact you for the details.
5. Give a clear idea of what needs to be covered in the legal notice.
6. The advocate will mail you your legal notice draft after he has made corrections.
7. Get the corrections done if any are needed.
8. After that once all the corrections are done, you can send where you need.

What Happens When Divorce Notice Is Sent?   

Once the divorce case has been filed then both parties are required to attend the hearing of the court. Thereafter both parties will be required to get themselves experienced divorce lawyer to fight the case for you and object to the allegations the concerned party has made. The procedure of divorce takes some time until and unless one party is found guilty. A fix time period is allotted the parties if they want to reconsider their taken action and resolve the dispute.

How Many Days Are Required For Divorce Notice?

The topic of divorce rises when a married couple engages with some disagreements on certain subjects which slowly and steadily grows them apart. They try until they can’t hold the aggression inside and the relation between them cannot work out. At times the disputes goes to an extent that bearing each other’s presence becomes difficult. These situations forces them to file for a divorce. The divorce procedure takes time. It works according to the courts set pattern and no one can hinder it. The proceeding and hearing in the court take a lot of time. Then coming to the decision is also a very brainstorming if a childs future is involved in that case. The duration of divorce is set to be a maximum of 6 months. Before that there is no chance even if both the parties are agreed to leave at the very moment or not.

What Happens If I Don’t Respond To Divorce Notice?

Not responding will only make things difficult for you and reverting on it will make your side of the story strong. Suppose you received a legal notice for divorce from your wife. The content and issue in the legal notice were completely false. But you didn’t respond to it. Then it will not only make your wife’s point of view more strong but in the eyes of the law you will be at fault who commited those allegations written in the legal notice. But in return, if you respond to it and give a clear picture of your side then it will only benefit you. So if the case goes to the court then you will be able to prove your innocence.

Can Divorce Notice Be Cancelled?

Cancelling is always a choice. If you think that your mutual understanding is becoming better during the given time period by the court and you both can actually agree on some points so breaking of the relationship would only cause pain to both of you. So you do have the choice of cancelling the Divorce. All you are required to write a case withdraw application to the court authority and withdraw your case claiming that you have settled your issues and divorce is no longer needed. You both can live in peace and harmony.

Conclusion

So in the end you are the one to decide whether you need to send a legal notice of divorce or not. Why take the matter when you can resolve it by sending a legal notice only. Because sometimes misunderstanding dumps you in such situations where you think divorce is the only way out. So if you want an easy way out solution for sending a Legal Notice then we are at your service.