FREQUENTLY ASKED QUESTIONS: MERLYN LAW FIRM: FAMILY LAW
WHAT IS DIVORCE BY MUTUAL CONSENT?
Mutual consent refers to when both parties (Husband and Wife) have a mutual agreement to part ways without contesting the divorce.
A mutual agreement between both parties allows lawyers to negotiate their demands on their behalf and dissolve the marriage without wasting each other’s time by contesting it before the court of law.
A mutual consent avoids prolonging a divorce from a failed marriage as contested divorces often last a couple of years depending on the stance of the parties.
HOW LONG DO MUTUAL CONSENT PROCEEDINGS TAKE TO FINISH?
Mutual consent proceedings are finished 6 months from the date of making your divorce application.
MERLYN LAW FIRM’S FEE STRUCTURE FOR MUTUAL CONSENT CASES?
We ensure a smooth transition in cases of Mutual Consent, we have a fixed fee of 35,000-50,000 INR depending on whether we will be handling the application for one party or both parties.
However, extra fees will be chargeable on an hourly basis if our clients instruct us to negotiate their demands on their behalf with your partners lawyer/legal counsel.
PROCEDURE FOR MUTUAL CONSENT?
You will be required to attest the documents upon filing the divorce application for mutual consent and will be required to sign the document to annul the marriage 6 months after filing the divorce applications.
Information/documents/materials are required for Mutual Divorce?
The following documents would be required for a divorce by mutual consent:
- Address proof of husband
- Address proof of wife
- Details of professions and present earnings of husband and wife
- Certificate of Marriage
- Family background information
- Photographs of marriage between husband and wife
- Evidence to prove that the husband and wife have been living separately for more than one year
- Evidence proving failed attempts of reconciliation
- Income tax statements
- Details of property and assets of the parties
- Certain other documents may also be required, depending upon the facts and circumstances of the particular case.
PROCEDURE FOR CONTESTED DIVORCE CASES?
The procedure for contested divorces are quite complex in comparison to divorce by mutual consent. Moreover, you can prefer various applications before the appropriate courts depending on the nature of your case. For example: Application for divorce, Maintenance of Spouse Application, Domestic Violence Complaint before the Magistrate, Demand of Dowry complaints.
STEP 1: Filing of petition by the husband or wife. STEP 2: Court issues summons and seeks reply from the other spouse. STEP 3: Court may suggest reconciliation. STEP 4: Examination and cross-examination of witnesses and evidence
DO WE HAVE TO APPEAR IN PERSON FOR EVERY DIVORCE HEARING?
Yes. If the parties cannot appear in person, either an adjournment is granted or you can appoint a “power of attorney” to appear on your behalf.
However, it is pivotal and compulsory that all parties to the petition should appear during cross examinations.
MERLYN LAW FIRM’S LEGAL FEES FOR CONTESTED DIVORCE CASES?
We charge a fixed fee of 50,000 INR for contested divorce cases.
WHAT ARE THE VARIOUS GROUNDS FOR DIVORCE?
- Adultery.
- Cruelty.
- Desertion.
- Conversion.
- Insanity.
- Leprosy.
- Venereal Disease.
- Renunciation.
MAINTAINENCE OF SPOUSE: PROCEDURES AND TIME FRAME OF MAINTAINENCE APPLICATION
Maintenance of spouse applications are to be filed separately and tagged along with your contested divorce application.
These applications roughly take 6-12 months for the courts to order maintenance. Upon preliminary arguments the courts will grant an interim maintenance to be paid to the spouses.
Upon granting interim maintenance, the counsels will put forth their arguments with regards to permanent alimony to be granted to the spouses.
DISCLAIMER: Maintenance orders can be appealed by both parties.