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Divorce


Overview

You’ve decided to get divorced, but what do you need to do next? You need to understand 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. 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.

Process for Obtaining Divorce

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 and file a joint petition, the courts will consider it as a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year and be able to prove that they have not been able to live together.

Where to file a divorce petition? The Petition can be filed in the family court in whose jurisdiction:

  • The couple seeking divorce last lived together or
  • The marriage was solemnized, or
  • 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 ask for a divorce without stating a reason.

Steps Involved in Seeking Contested Divorce:

  • Meet the best divorce Advocate.
  • Filing of a petition by the husband or wife.
  • Court issues summons and seeks a reply from the other spouse.
  • The Court may suggest reconciliation.
  • Examination and cross-examination of witnesses and evidence.
  • Counsels for both parties’ present final arguments.
  • Decree of divorce passed by the Court.

Documents

Depending on the type of divorce, the court may ask for any of the following documents – 

  • Address proof of husband or wife
  • Details of professions and current earning of both
  • Certificate of marriage
  • Information regarding the family background
  • Photographs of marriage
  • Evidence proving that husband and wife have been living separately for more than a year.
  • Income tax statements
  • Details of property and assets of parties
  • Other documents too may be needed, depending on the facts and circumstances of the case. 

Procedure

Procedure of Divorce

Frequently Asked Questions

How much will my divorce cost?

The cost of divorce depends on case to case basis.

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 alimony 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.

How much time does it take to get a divorce with mutual consent?

It generally takes 6-8 months’ time.

How much time does it take to get a divorce without mutual consent?

It may take a couple of years.

Why Choose Us

Why Choose us for Divorce

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