Happy To Discuss About Your Requirement
Procedure for Divorce Case
- Home
- Our Services
- Personal Legal Services
- Divorce Law
- Procedure for Divorce
Procedure for Divorce
There are two types of divorces:
- Contested Divorce
- Uncontested/ Mutual Consent Divorce
Contested Divorce:
There are various grounds that can be taken towards a grant of decree of divorce by way of contesting such as adultery, cruelty, etc. You can also raise the ground to declare the marriage solemnized as null and void within a period of 1 year from the date of solemnization of marriage by citing reasons such as consent obtained by fraud, non-consummation of marriage, health issues, etc.
The procedure for a contested divorce is as follows:
Stage 1: Drafting > Filing > Numbering > Date of Hearing > 3 counselling sessions
Stage 2: counter statement to be filed
Stage 3: evidence/filing of proof affidavits to mark documents to be relied upon > cross examination
Stage 4: final arguments > orders.
The timeline for a contested divorce can be anything between 6 – 24 months depending on the facts and circumstances of every case and the legal counsels you choose to hire.
There are various nitty gritties in contested divorce cases which can only be addressed on a case to case basis and in my opinion it is extremely important to hire a competent and expert divorce lawyer to assist you.
It is to be noted that there is an option of appeal to the high court and a further appeal to the supreme court of India. However, such appeals are disposed of expediously as possible.
The procedure for a un-contested divorce is as follows:
Stage 1: Drafting > Filing > Numbering > Date of Hearing > 3 counselling sessions
Stage 2: counter statement to be filed
Stage 3: evidence/filing of proof affidavits to mark documents to be relied upon > cross examination
Stage 4: final arguments > orders.
Drafting of petition> Filing > Numbering of Case> Posted for hearing> date given after 6 months > evidence led through proof affidavit > divorce granted.
Moreover, in cases where the parties have been living separately for a period of one year, a waiver petition and affidavit can be filed to obtain a decree of divorce within a period of 30-45 days from the date of filing the petition.
Frequently Asked Questions
Yes , it is mandatory for both husband & wife to be present at all hearings.
Yes, you can be represented by a registered power of attorney after seeking permission from the court.
In most cases, 45- 60 days.
Depends on the facts, evidence, number of witnesses, co-operation of the litigants & their counsels. If there is co-operation between the parties, a heavy documented divorce case can be concluded within 8-12 months from the date of filing your petition.
It can be filed based on the facts and circumstances of each case i.e: Where the couple last resided together , Where the marriage was solemnized, where the marriage was registered & where the spouse currently resides. A divorce case can be filed in courts having jurisdiction after taking into account the abovementioned facts.
This is decided depending on various facts such as cost/ standard of living, annual income & liabilities of the husband.
Yes. If there are grounds to refuse maintenance to your spouse and disputes question of facts/evidence, the court would refer the case for trial.
Courts award maintenance from the date of presenting/filing the petition. i.e; your spouse has to pay you retrospective maintenance from the date of filing your petition
Depends on a case to case basis. Senior/experienced lawyers charge anything between 1,00,000/- – 5,00,000/- depending on the facts & work involved.
Yes, they are recognised in India subject to fulfilling certain requirements as per Indian Law.
This depends on the facts and circumstances of every case. However, if a spouse does not submit to the jurisdiction of the foreign court, the decree will not be recognised as a valid decree in India.
No, valid foreign decrees of divorce are considered as “final”.
This would depend on the complexity of the case. However, it is very important that you higher an expert divorce lawyer to expedite the process.
No, as per section 13 of the family court act, lawyers can be engaged to assist the courts. However, your personal presence can be dispensed with by the court in exigent circumstances.
No. it is valid and final. Unless obtained under co-ercion or fraud.
Yes, if one spouse fails to carry out his obligations as agreed upon in the mutual consent agreement. The aggrieved spouse can approach the court seeking appropriate remedy to execute the breach of contract.