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IT WAS SUPER FAST …10 STARS TO SUNIL CHAUHAN
Thank you, SUNIL CHAUHAN for your swift support.
Good Service
Sirjan was helpful in helping me through out the process
Logistics Specialist :- “I run the backend delivery game—and nothing’s more satisfying than seeing a document reach someone right when they need it. Our logistics are fast, efficient, and backed by a team that hustles hard. And yes, Ayush sir once called to check a delivery himself. Respect!”
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Please inform by email, when the original can be expected
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Types of Divorce in India
In Mutual Divorce, both parties agree on parting their ways with their mutual consent. They take this decision mutually and decide to exchange their items and goods which they have given to each other when they got married.
Listen to this Audio to know about the full process in detail:
Recorded by: Adv. Pratyush Jha
Mutual Divorce Procedure in India
- Hire a Lawyer: The first step is hiring an experienced Divorce lawyer, who can provide you right legal advice depending on your case.
- Drafting & Filing of Mutual Settlement Agreement: Now draft and file the Mutual Divorce petition that includes all the facts and the grounds on which you are seeking Divorce.
- First Motion: Post filing, You and your wife along with respecting advocate must appear in front of court at the appointment date. Where the court will order for a joint statement of both parties along with their signature once the first motion is passed.
- Cooling Off Period: Post first motion, Court will provide a 6 to 18 months cooling off period to reconsider their decision.
- Second Motion: Once the cooling off period is over and you & your partner are unable to settle the differences, you can file a joint petition for Second Motion.
- Court Decision: Once the court is satisfied with the given petition, it issues a Divorce Decree.
Documents Required for Mutual Divorce
- Address proof of both parties
- Proof of Marriage
- Child related documents
- Marriage photo of husband and wife
- Settlement details of assets and property
Contested Divorce Process in India
- Hire a Lawyer: Firstly, hire a Divorce Advocate who can provide the right legal advice based on your case and circumstances.
- Drafting & Filing: Now, the advocate will draft and file the Divorce petition mentioning the grounds on which you are seeking the divorce from your partner.
- Court Appearance & Settlement Attempt: Next, the court may try to resolve differences between both partners by counselling or outside settlement talks.
- Completion of pleadings: If settlement fails, the spouse opposing the Divorce can reply against the divorce petition. The party who filed the petition can reply to the other party’s petition.
- Trial: Now the court trial will start, including evidence, cross-examination, and final arguments.
- Final Judgement: Once the trial is done, the court will decide whether a Divorce Decree should be issued or not.
Documents Required for Contested Divorce
- ID proof of both parties
- Marriage photo of husband and wife
- Evidence to prove the ground of seeking Divorce
Contested Divorce is a type of Divorce where one of the parties wants to get a divorce but the other one doesn’t agree. Such cases take a long time for dissolution where the decision is taken by the honourable court.
Contested Divorce Process in India
- Hire a Lawyer: Firstly, hire a Divorce Advocate who can provide the right legal advice based on your case and circumstances.
- Drafting & Filing: Now, the advocate will draft and file the Divorce petition mentioning the grounds on which you are seeking the divorce from your partner.
- Court Appearance & Settlement Attempt: Next, the court may try to resolve differences between both partners by counselling or outside settlement talks.
- Completion of pleadings: If settlement fails, the spouse opposing the Divorce can reply against the divorce petition. The party who filed the petition can reply to the other party’s petition.
- Trial: Now the court trial will start, including evidence, cross-examination, and final arguments.
- Final Judgement: Once the trial is done, the court will decide whether a Divorce Decree should be issued or not.
Documents Required for Contested Divorce
- ID proof of both parties
- Marriage photo of husband and wife
- Evidence to prove the ground of seeking Divorce
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Case Studies
In our client’s case, the discovery of their spouse’s affair led to divorce after fifteen years of marriage. Despite the initial shock, they chose open communication and counseling to address the situation respectfully. With our legal guidance, they opted for mediation, reaching agreements on property, custody, and finances. Both committed to co-parenting and emerged from the process with resilience and optimism for the future.
In our client’s case, they discovered their husband’s bigamy after ten years of marriage, prompting them to pursue divorce. With legal guidance, they confronted the issue, gathering evidence to dissolve the marriage on grounds of fraud. Despite the emotional turmoil, our client remained determined to seek justice and found solace in knowing they were taking a stand against deception. Ultimately, through legal proceedings, the marriage was dissolved, granting our client the freedom to start anew with a renewed sense of empowerment.
Our client endured dowry harassment, leading to her seeking a divorce after seven years of marriage. Despite fulfilling her obligation at the time of marriage, her husband and in-laws demanded more, causing financial strain and emotional distress. Despite attempts to salvage the marriage, constant abuse and threats made it untenable. With our legal support, she filed for divorce, presenting a strong case with evidence and witness testimonies. The court ruled in her favor, granting divorce on grounds of dowry harassment. Though emotionally challenging, she found solace in standing against injustice and securing her freedom.
In our client’s story, their spouse unexpectedly decided to leave everything behind for a life of spiritual dedication, ending their fifteen-year marriage. Struggling to reconcile their own desires with their partner’s new path, our client ultimately chose to seek divorce. It was a tough decision, but they wanted to move forward and find peace. With the help of legal guidance, they navigated the emotional challenges of divorce and aimed for a fair resolution. Though painful, our client found comfort in reclaiming their independence and starting anew.
Knowledgebase
Can I apply for Divorce online?
Yes, in some places, you can apply for divorce online. The ability to apply for divorce online varies depending on your jurisdiction. In many places, online divorce services are available, allowing individuals to initiate the divorce process online. However, the availability and procedures for online can differ significantly from one region to another.
How much time does it take to get Divorced?
What wife can claim in Divorce?
How much does it cost to get Divorced?
The cost of getting divorced can vary widely depending on several factors such as whether you and your spouse can agree on terms if you need a lawyer, court fees, and any other expenses related to dividing assets or who gets custody of the child.
Can a woman stay in her Husband's house after Divorce?
After a divorce, whether a woman can stay in her husband’s house depends on different things like who owns the house, what’s decided during the divorce process, and the rules in their area. Sometimes, she might be able to stay in the house for a while, or even permanently, if it is agreed upon or ordered by the court.
Can a husband avoid alimony?
Can a court force a husband to stay with his wife?
What are the common legal rights of wife and husband during Divorce?
- Property Division: Both spouses have the right to a fair division of marital assets and debts.
- Fair Treatment: Both spouses have the right to be treated fairly and respectfully by the legal system and each other during the divorce proceeding.
- Child Custody: Both parties have the right regarding custody and visitation of their children, as well as responsibilities for child support.
- Alimony: Depending on the circumstances, one spouse may have the right to receive financial support from the other spouse after the divorce.
- Legal Representation: Both parties have the right to seek legal counsel and representation to ensure their rights are protected throughout the divorce process.
What Legal rights typically differ between Wives and Husbands during Divorce proceedings?
- Spousal Support: Wives may be more likely to receive spousal support, especially if they were financially dependent on their husbands during the marriage.
- Child Custody: Custody arrangements for children may favor mothers more often, although this varies based on factors such as the child’s best interests and parental involvement.
- Division of Assets: The division of marital assets can cary, with courts considering factors such as each spouse’s financial contributions to the marriage and their respective needs post-divorce.
Who can seek our Divorce consultation?
Anyone who is considering getting a divorce can seek divorce Consultation. This includes married individuals who are experiencing marital issues, contemplating separation, or wanting to understand their legal rights and options regarding divorce.
Do I get Divorce Consultancy with complete Privacy?
Yes, when you seek divorce consultation, your privacy is typically protected. Lawyers and Consultants are legally required to keep your personal information confidential, so you can discuss your situation freely and privately.