FAQs: How To apply for Divorce in India: Divorce Procedure and Divorce Types

How can I initiate divorce proceedings?

To commence divorce proceedings, please contact us at +91-8920599818 or visit our Contact Us page. We will provide you with comprehensive guidance throughout the process.

How to file a divorce petition in mutual consent divorce?

The following steps are involved in mutual consent divorce.
Step 1: The first motion involves the joint filing of a divorce petition.
Step 2: Husband and wife appear before the court to record statements after filing the petition.
Step 3: The court examines the petition, documents, attempts reconciliation, and records statements.
Step 4: The court passes an order on the First Motion.
Step 5: A six-month cooling-off period is given to the couple by the court to rethink their decision.
Step 6: The filing of the second motion is done within 18 months of the first motion.
Step 7: The decree of divorce has been passed.

Can divorce be one sided in India?

According to the Hindu Marriage Act of 1955, you can file for a one-sided divorce based on reasons like cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world.

Can divorce case be withdrawn?

Yes, you can withdraw your divorce petition anytime. You have two options: file an application to withdraw or appear before the judge in the court where you filed for divorce. Let the judge know that you want to withdraw the case and provide a reason for your decision.

Can divorce be done online?

No, divorce cannot be done online in India.

Can divorce be filed without marriage certificate?

Yes, divorce can be filed without marriage certificate.

Can divorce be filed anywhere in India?

No, divorce cannot be filed anywhere in India.

Can we get divorce in one month?

Divorce by mutual consent can be obtained within six months, but you cannot file a petition for it during the first year of marriage. Additionally, there must be a six-month gap between the first and second motions. However, it’s important to note that in certain situations, the court may choose to waive this cooling-off period.

Can a husband claim alimony?

In cases where a husband is not earning or earns less than his wife, he has the right to claim alimony under the law. It’s important to note that such situations are quite uncommon. Typically, it is the husband who is responsible for providing financial support to the wife. However, it’s crucial to understand that both the husband and the wife are eligible to seek alimony according to the Hindu Marriage Act. This law aims to ensure fairness and support for both spouses in the event of financial disparity or need.

How to apply for divorce in India?

Divorce can be granted by a court of law in India, and the process involves filing an appropriate petition based on the jurisdiction.

When is the divorce finally final?

The divorce is typically considered final once a judgment of divorce is issued by the court. This judgment legally terminates the marriage, and the parties are free to remarry or make post-divorce arrangements.

What are the grounds for divorce in India?

In India, the grounds for divorce vary based on the personal laws applicable to your religion or the secular laws such as the Hindu Marriage Act, Special Marriage Act, etc. Common grounds include cruelty, adultery, desertion, and more.

How long does the divorce process typically take?

The duration of a divorce case can vary significantly, ranging from several months to several years. The timeline depends on factors such as case complexity and the level of cooperation between the parties involved.

Do I need to have proof of wrongdoing by my spouse to get a divorce?

Proof may be necessary if you are alleging specific grounds like adultery or cruelty. However, it is advisable to consult with us to assess the specific requirements of your case.

What is the difference between mutual and contested divorce?

An mutual divorce occurs when both parties agree on all terms of the divorce. Conversely, a contested divorce involves disagreements that necessitate resolution through court proceedings.

What is the process of mutual divorce in India?

The husband and wife both submit a joint application in the court of competent jurisdiction.

How is property divided during divorce?

Property division is contingent on various factors, including the applicable laws in your case and financial contributions. We will guide you through this process.

Will I have to pay alimony or spousal support?

The potential for alimony depends on factors such as financial disparities and the duration of the marriage. We can provide guidance tailored to your specific circumstances.

Can I get custody of my children after divorce?

Child custody determinations prioritize the best interests of the child. We will work diligently to establish a suitable custody arrangement for your children.

How can I protect my rights during divorce proceedings?

Engaging a skilled divorce advocate, such as our firm, ensures that your rights and interests are safeguarded throughout the legal process. Consult with us today.

Can we use mediation to resolve our divorce?

Yes, mediation can be a valuable option for amicably resolving disputes. We can facilitate mediation if both parties agree to pursue this avenue.

What are the grounds for getting divorce in India?

Ground for getting divorce in India are Cruelty, Adultery, Desertion, Conversion, Insanity, Leprosy, Venereal Disease, Renunciation, Presumption of Death.

Is it possible to modify divorce agreements after they are finalized?

In some cases, post-divorce modifications are possible. We can assist you in pursuing such modifications if circumstances change.

How are taxes affected by divorce settlements?

Tax implications can vary based on the specifics of the settlement. We recommend consulting a tax expert alongside our legal advice to address tax-related concerns.

What if my spouse is uncooperative during the divorce process?

We will employ legal measures to ensure your case progresses, even if your spouse is uncooperative.

Can divorce be granted ex parte?

Yes, one spouse can file for divorce without the consent of another spouse. In such case court can grant the divorce without the other spouse being present in court.

Do I need a separate lawyer for child custody matters?

Not necessarily. Our comprehensive services cover all aspects of divorce, including child custody matters.

Can divorce decree be changed?

Modifying or changing the provisions of a divorce decree is possible under certain circumstances, such as alimony, child support, child custody, and visitation rights.

How to get divorce decree from the court in Delhi?

Please contact us we will help you to get the divorce decree from the court.

Can men file for divorce in India?

Yes, men can also file for divorce in India.

What is the quickest way to get divorce in India?

Mutual divorce is the quickest way to get divorce in India.

Can a Muslim woman file petition for contested divorce in India?

Yes, Muslim woman can also file for contested divorce in India.

What should I do next to start the divorce process?

To initiate the divorce process, please contact us at +91-8920599818 or visit our Contact Us page to schedule an initial consultation. During this consultation, we will assess your case and guide you through the necessary next steps.

We are here to help you with your legal matters in Delhi and the NCR region. Our team will represent your case in various courts, including Saket court, Dwarka court, Rohini court, Tis Hazari court, Karkardooma court, and Patiala House court. We also cover the District Court in Sonepat. Please feel free to reach out to us with any additional questions or concerns. We are here to assist you with your divorce case.

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