1. How long does it take to get a divorce in India?
The duration varies from 6 months (for mutual consent divorce) to several years (for contested divorce). Mutual consent divorce is typically faster if both parties agree on all terms. Contested divorces depend on court schedules and case complexity. Our team at Ravi & Associates works efficiently to expedite the process while protecting your rights.
2. What is the difference between mutual consent and contested divorce?
Mutual consent divorce (Section 13B) is when both spouses agree to end the marriage and settle terms amicably. Contested divorce is when one party files due to marital misconduct and the other disputes it. Mutual consent is faster and less expensive. Ravi & Associates can help negotiate terms for mutual consent or vigorously represent you in contested cases.
3. How is alimony calculated in Indian divorce cases?
Alimony depends on factors like spouse’s income, living standards, duration of marriage, age/health of parties, and who gets child custody. There’s no fixed formula – courts decide based on circumstances. At Ravi & Associates, we ensure fair alimony calculations considering all legal parameters and your financial situation.
4. What are the grounds for divorce in India?
Under Hindu Marriage Act, 1955, grounds include adultery, cruelty, desertion, conversion, mental disorder, communicable disease, or mutual consent. For personalized advice, consult Ravi & Associates at +91 8920599818.
5. How long does a mutual consent divorce take in India?
Typically 6-18 months (first motion → cooling period → final hearing). Fast-track options may apply. Call Ravi & Associates for expedited filings.
6. Can I get divorce without my spouse’s consent?
Yes, via contested divorce on valid grounds (e.g., cruelty, adultery).
7. What is cruelty as a ground for divorce?
Physical/mental abuse, harassment, or unreasonable behavior making cohabitation intolerable. Document evidence for stronger cases.
8. What is the cost of filing for divorce in India?
Court fees vary (₹5k-₹50k+). Legal fees depend on complexity.
9. What if my spouse hides income to avoid alimony?
Legal discovery processes can uncover hidden assets.
10. Can a wife claim husband’s property after divorce?
No, unless it’s a shared marital asset or awarded as alimony. Property rights differ case-by-case.
11. Is mediation mandatory before divorce in India?
Courts often encourage mediation, but it’s not mandatory in contested cases.
12. What documents are needed for mutual divorce?
Marriage certificate, proof of separation, affidavits, and settlement terms.
13. How can a woman get immediate divorce in India?
File under Section 13B (HMA) or seek urgent relief in cases of extreme cruelty/danger.
14. Can I get divorce if my spouse refuses to appear in court?
Yes, via ex-parte decree after serving notices. Ravi & Associates ensures proper legal procedures for absentee spouses.
15. Can divorce be filed online in India?
Initial petitions can be e-filed, but court appearances are mandatory. For seamless e-filing support, call Ravi & Associates.
16. What rights does a husband have in divorce?
Equal rights to alimony, child custody (if applicable), and shared assets. Gender-neutral laws apply. Need representation? Dial +91 8920599818.
17. How to prove adultery in Indian courts?
Requires concrete evidence (messages, photos, witness testimony).
18. Can NRIs file for divorce in India?
Yes, if marriage was solemnized under Indian law. NRI divorce specialists at Ravi & Associates assist globally. Call +91 8920599818.
19. What if spouse denies mutual divorce after 6 months?
Convert to contested divorce or renegotiate terms.
20. Is remarriage allowed immediately after divorce?
Yes, unless appeal periods apply. Verify decree finality with Ravi & Associates to avoid legal complications.
21. Can a divorce case be transferred to another city in India?
Yes, under Section 24 of CPC, if the respondent resides elsewhere.
22. What if my spouse files a false domestic violence case during divorce?
Initial petitions can be e-filed, but court appearances are mandatory. For seamless e-filing support, call Ravi & Associates.
23. Can a divorce case be transferred to another city in India?
Yes, under Section 24 of CPC, if the respondent resides elsewhere. Ravi & Associates handles interstate transfers—call +91 8920599818.
24. Is a court marriage divorce different from a traditional marriage divorce?
No, the same laws apply (HMA/SMA/SPA). Procedure remains identical. Need clarity? Dial +91 8920599818.
25. Can I get custody of my child if I’m unemployed?
Courts prioritize child’s welfare—stable income helps but isn’t the sole factor. Ravi & Associates fights for parental rights.
26. How to prove mental cruelty in divorce cases?
Evidence includes emails, witness accounts, medical reports, or therapy records. We help build strong cases—contact Ravi & Associates.
27. What is the difference between judicial separation and divorce?
Judicial separation allows reconciliation; divorce ends marriage permanently. Confused? Call +91 8920599818 for guidance.
28. Can a wife get maintenance during divorce proceedings?
Yes, interim maintenance under Section 125 CrPC. Ravi & Associates ensures timely financial support.
29. What if my spouse refuses to sign divorce papers?
Proceed with a contested divorce on valid grounds. Our firm Ravi & Associates handles uncooperative spouses effectively.
30. Can I file for divorce within 1 year of marriage?
Only under exceptional cruelty/risk (Section 14 HMA). Ordinary cases require 1+ year. Ravi & Associates evaluates exceptions.
31. Is a mutual divorce possible after a contested case starts?
Yes, if both parties agree later. We draft settlement agreements to avoid trials.
32. What if my spouse remarries without divorcing me?
File for bigamy charges (Section 494 IPC) + seek divorce. We take strict action—call +91 8920599818.
33. Do I need a lawyer for mutual consent divorce?
Not mandatory, but legal drafting errors can delay proceedings. Our firm ensures hassle-free mutual divorces.
34. Can I change lawyers mid-divorce case?
Yes, file a Vakalatnama substitution. Ravi & Associates takes over ongoing cases seamlessly call us.
35. What if my spouse moves abroad during divorce?
Serve notices via Indian embassy/hire foreign process servers. We handle NRI complexities Call +91 8920599818.
36. Can a divorce decree be modified later?
Only maintenance/custody terms can be revised (not divorce itself). Ravi & Associates assists modifications.
37. How to enforce child visitation rights post-divorce?
File execution petition if denied. Ravi & Associates ensures compliance with custody orders.
38. What if my spouse files for divorce in a different state?
Challenge jurisdiction or transfer case to your home state. Pan-India network—call +91 8920599818.
39. Can I get divorce if my spouse is missing/untraceable?
Yes, through newspaper publication and court procedures after diligent search. Ravi & Associates handles such cases efficiently—call +91 8920599818.
40. What happens to joint bank accounts during divorce?
Courts typically freeze or divide them as per settlement terms. We help secure your financial interests—contact Ravi & Associates.
41. Is DNA test mandatory in child custody disputes?
Only if paternity is contested. Courts may order tests when challenged. We protect parental rights—call +91 8920599818.
42. Can divorce affect my immigration status if married to NRI?
Yes, especially if on dependent visa. Consult immigration experts alongside divorce lawyers. Ravi & Associates coordinates such cases.
43. How are business assets divided in divorce?
Courts consider contributions, valuation reports, and pre/post-marriage acquisitions. Complex cases require forensic accounting—we arrange specialists.
44. Can I stop my spouse from selling property during divorce?
Yes, by obtaining interim injunction orders. We file urgent applications to protect marital assets—call +91 8920599818.
45. What if my spouse lies in court during divorce?
Perjury charges apply. We counter false claims with evidence—Ravi & Associates builds strong evidentiary cases.
46. Are WhatsApp messages valid evidence in divorce cases?
Yes, if properly authenticated under Indian Evidence Act. We help preserve digital evidence—contact our tech-savvy legal team.
47. Can I get divorce if my spouse refuses physical relations?
Yes, as mental cruelty under certain circumstances. Courts examine duration and context. Consult Ravi & Associates for case specifics.
48. How are inherited properties treated in divorce?
Generally excluded unless commingled with marital assets. Complex cases require legal analysis—we protect generational wealth.
49. Can I get divorce based on incompatible careers/lifestyles?
Not directly, but irreconcilable differences may qualify under “mental cruelty” if proven severe. We evaluate case merits—call +91 8920599818.
50. What happens to life insurance policies in divorce?
Beneficiaries may need updating. Cash value policies might be divisible assets. Ravi & Associates ensures proper financial disentanglement.