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About Divorce Services
Divorce is something that can be challenging for anyone financially as well as emotionally, but by getting proper guidance and support, you can protect yourself from such challenges. Therefore, we are offering online Divorce Services. Whether you are looking for Consultation or Lawyer for Mutual or Contested divorce, You can rely on our experienced Divorce lawyers who have years of experience working in this domain and have knowledge of each divorce laws in India.
Divorce proceedings can be sensitive and our experienced divorce advocates understand that. Therefore, they strive to empower our customers to make informed decisions for their future. Moreover, our experienced Divorce Advocates will also let you know about the consequences you may face in the future depending on your situation. Whether seeking divorce legal advice, understanding financial implications, or emotional support, you can trust our dedicated advocates to guide you through the divorce process, empowering you to move forward confidently. We & our Divorce specialist Advocates prioritize confidentiality and privacy, providing a secure space for customers to discuss concerns and receive proper legal advice & guidance.
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 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 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
- 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.
- 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.