People have different views on weddings because of their various beliefs. In India, couples can marry according to the rules of their religions. Even though society has become more aware over the years, the government has made laws to clarify and improve the divorce process in India.
To get a divorce, you need to have specific reasons listed in the Marriage and Divorce Laws. There is no such thing as an ‘automatic divorce’. However, a marriage can be declared null and void if one of the partners wishes it. In this case, the marriage is considered invalid. It is important to understand the difference between annulment and divorce.
Even though both end a marriage, they are not the same. Divorce legally ends a marriage, while annulment declares the marriage invalid from the start.
What Does Automatic Divorce Mean in India?
In India, there’s no such thing as an automatic divorce. This means you cannot simply be considered divorced by living apart from your spouse. If you and your spouse have been living apart for two years and there’s no chance of getting back together, you can file for divorce at your local family court.
According to the Hindu Marriage Act, couples who have been separated for at least one year can apply for mutual consent divorce, which is relatively easy to get. However, a court must always approve the divorce, even if the couple has been apart for two years. The only way to get an “automatic divorce” in India is if the marriage is declared invalid by the court.
Divorce After 1 Years of Separation
If a couple has been separated for 1 or more years, they can file for divorce. Here are the key points:
- Separation Requirement: Both spouses must have lived apart for at least 1 years before applying for divorce.
- Mutual Consent: Both partners must agree to the divorce.
This process allows couples to legally end their marriage if they have been separated for the required time and both agree to the divorce.
How long must a couple be separated in India before they can get an automatic divorce?
In India, for couples seeking an automatic divorce, they must wait for six months after filing their initial petition in court. During this time, both parties need to mutually agree on the separation. After this waiting period, they return to court to confirm their agreement. If both agree, the court issues the divorce decree. This process, known as divorce by mutual consent, is governed by Section 13B of the Hindu Marriage Act of 1955 and Section 28 of the Special Marriage Act of 1954.
For Christian marriages under the Indian Divorce Act, spouses must live apart for at least two years before they can file for divorce by mutual consent (Section 10A). Additionally, a woman who marries before turning fifteen and divorces after turning eighteen has the legal right to seek divorce.
In cases involving children, custody decisions are made based on their best interests. In uncontested divorces, parents may agree on custody arrangements. However, in contested divorces, the court determines custody considering various factors, including the child’s welfare.
What are Void and Voidable Marriages?
There is no such thing as an “automatic divorce.” Sometimes, a marriage can be considered null or invalid if one spouse requests it. This is called an annulment. An annulment is different from a divorce, even though both result in the marriage ending and the spouses going separate ways.
In a voidable marriage, it’s considered valid unless one of the spouses asks for it to be canceled. If neither spouse requests an annulment, the marriage stays valid.
In simple terms an “automatic divorce” does not exist, but a marriage can be declared void or voidable. A void marriage is invalid from the start, while a voidable marriage remains valid until annulled by a court.
Does divorce happen automatically?
Divorce can take time, ranging from weeks to years, depending on your situation. Some couples hope for a quick divorce without legal steps, but that’s not possible.
No matter the type of divorce you seek, you must go through the legal process. If both spouses agree, they can file a divorce petition together and settle all issues.
However, if there are disagreements, it becomes a contested divorce. This requires more paperwork and court involvement than an uncontested divorce.
Example: Even if you and your spouse have been separated for a long time, you must still file a petition in court to get divorced legally.
Does being separated for a long time mean the marriage ends by itself?
If you and your spouse live apart for a long time without getting divorced, your marriage remains valid. Only a court can declare a marriage null and void. You can only remarry after obtaining a divorce. As long as you haven’t legally ended your marriage, whether you’re separated or still living together, you are still considered married.
Example: If Raj and Priya have been separated for five years but never filed for divorce, they are still legally married.
What is Automatic Divorce and Rightful Divorce?
“Automatic divorce” means ending a marriage without going to court or both parties being involved. Different authorities have different rules for when this can happen.
When a marriage is legally ended, it means a proper divorce has occurred. Even if the separation was not planned, both partners can still legally divorce each other.
In simple terms “automatic divorce” implies a divorce without legal procedures, which does not exist in India, while “Rightful divorce” means going through the legal process.
If you’re considering divorce or want to understand more about your rights, it’s essential to consult with a legal expert. We can guide you through the process and help you make informed decisions. Contact us at +91 8920599818 or whatsapp or visit our Contact Us page as your family lawyer today to get the support and advice you need.