Divorce

Divorce or “dissolution of marriage” is the legal termination of the marital relationship. It is the legal termination of the marriage. Divorce usually involves severing the marital relationship between the couple. Governed by the Hindu Marriage Act 1955 in case of couples are married as per Hindu Rites. The Dissolution of Muslim Marriages Act of 1939 provides for Couple married under Muslim Law, The Parsi Marriages and Divorces Act of 1936 provides for Parsi’s divorce, and the Indian Divorce Act of 1869 provides for Christian divorce. The Special Marriages Act 1954 regulates all International Marriages consummated between the Couple followed different Religious Practice.

We provide all possible assistance through expert team of Legal Professionals to our Clients if there is no possibility to resolve their matrimonial disputes by way of Counseling.

We also provide educational resources, such as workshops, support Groups, to help families to understand to coup with the emotional and practical challenges Coupled with Divorce.

Types Of Divorce

Broadly cateogarised divorce can be of two types :

Divorce without Mutual Consent

Divorce without mutual consent, also known as a contested divorce, occurs when one spouse does not agree to the terms of the divorce or suffered Cruelty (mental or Physical in the hands of Spouse) .This can include disagreement on the grounds for the divorce, the division of property, child custody, and support, among other issues. In these cases, the divorce process can become more complex and time-consuming as the parties must go to court and have a judge make decisions on the disputed issues.

Divorce with Mutual Consent

Divorce with mutual consent is a type of divorce where both parties agree to end their marriage and come to an agreement on issues such as child custody, spousal support, division of assets, and any other relevant matters. In this type of divorce, both parties work together to reach an agreement, rather than fighting over these issues in court.

In order to file for a divorce with mutual consent, both parties must agree to the terms of the divorce and file a joint petition for divorce. They must also provide evidence to the court that they have been living separately for a certain period of time, which can vary by jurisdiction.

Once the court receives the joint petition, it will review the agreement and ensure that it is fair and equitable. If the court approves the agreement, it will issue a divorce decree that legally ends the marriage.

How to file a divorce in India

The process of filing a divorce in India can vary depending on the jurisdiction and the grounds on which we are seeking a divorce. However, in general, the following steps can be followed to file for a divorce in India

1. Determine the jurisdiction

The jurisdiction in which you file the divorce petition will depend on where you and your spouse live and the grounds on which you are seeking a divorce.

2. Decide on the grounds for divorce

  1. India recognizes several grounds for divorce, including cruelty (Mental and/ or Physical ), desertion, and mental disorder Impotency, . Choose the grounds that apply to your situation.

3. Hire a lawyer

It is advisable to hire a lawyer to represent you in the divorce proceedings. A lawyer can help you navigate the legal process and ensure that your rights are protected.

4. Prepare and file the petition

Your lawyer will help you prepare the divorce petition and file it with the appropriate court. The petition should include the grounds for divorce, the details of your marriage, and any relevant supporting evidence.

5. Attend the hearing

If your spouse contests the divorce, you and your lawyer will need to attend a hearing in court. During the hearing, both parties will have an opportunity to present their case and the judge will make a decision.

6. Obtain the divorce decree

If the judge grants the divorce, you will receive a divorce decree, which is the legal document that officially terminates your marriage.