You’ve decided you’re ready to get divorced, but what do you need to do next? You need to learn how the process works and look for the best divorce lawyer. Divorce is the dissolution of the marital bond established between the parties. An end to this relationship in today’s complex world is where a series of legal claims and cases begin from. It is always a sound legal opinion, understanding of the law, and sincerity coupled with the sensitivity of a lawyer towards his/her client which makes it a strong case. Divorce not just ends the relationship but leads to further claims such as maintenance, Alimony, Property issues, Custody of children, etc. which can be of utmost importance to the parties.
The important benefits of having an employment agreement include accurate details of the position offer, reference to the job title, primary duties and responsibilities that the role. Furthermore, the agreement can stipulate the details of salary, the duration of employment, whether it is permanent or for a fixed period of time or on a probationary basis. Apart from on the job information, an agreement may include the details of any benefits such as holiday entitlement, pension, bonuses, health insurance plans.
A couple can get a divorce with mutual consent, or either spouse may file for divorce without the consent of the other.
Divorce with Mutual Consent –
When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together.
Where to file a divorce petition:
(i) The court can be one where couples seeking divorce last lived.
(ii) The court can be one where the marriage was solemnized.
(iii) The court can be one where the wife is residing as of present.
Divorce Without Mutual Consent:
In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason.
Steps Involved in Seeking Contested Divorce :
(i) Meet the best divorce attorney.
(ii) Filing of petition by the husband or wife.
(iii) Court issues summons and seeks a reply from the other spouse.
(iv) Court may suggest reconciliation.
(v) Examination and cross-examination of witnesses and evidence.
(vi) Counsels for both parties present final arguments.
(vii) Decree of divorce passed by the court.
Depending on the type of divorce, the court may ask for any of the following documents –
(i) Address proof of husband or wife
(ii) Details of professions and current earning of both
(iii) Certificate of marriage
(iv) Information regarding the family background
(v) Photographs of marriage
(vi) Evidence proving that husband and wife has been living separately for more than a year.
(vii) Income tax statements
(viii) Details of property and assets of parties
(ix) Other documents too may be needed, depending on the facts and circumstances of the case.
1. How much will my Divorce Cost?
The cost of divorce depends on case to case basis.
2. When can a spouse get maintenance (alimony)?
The Court can order temporary maintenance at the provisional hearing, and can order maintenance at the final hearing. The court can consider how long it might take the spouse receiving maintenance to be able to earn an adequate income. The court can also order maintenance if the spouse is physically or mentally incapacitated, or is taking care of a child who is incapacitated.