Divorce

Divorce can be one of the most emotionally challenging experiences in a person's life. Whether you are considering divorce, have already started the process, or are looking for guidance on specific legal aspects, understanding your rights and options is crucial. We are here to provide clear, comprehensive, and compassionate support.

Types of Divorce in India

1. Mutual Consent Divorce
   • When both spouses agree to end their marriage amicably, a divorce by mutual consent can be filed. This process is typically quicker, less expensive, and involves less emotional stress
   • Requirements:
     • At least one year of marriage
     • Both parties must agree on issues like child custody, alimony, and division of assets.
   • Procedure:
     • A joint petition is filed
     • A six-month cooling-off period (can be waived in some cases).
     • Final hearing before the court to grant the divorce.
2. Contested Divorce
   • When one spouse does not agree to the divorce or disputes certain terms, a contested divorce can be pursued. This type involves more complexities and may take longer to resolve.
   • Grounds for Contested Divorce:
     • Cruelty
     • Adultery
     • Desertion
     • Mental illness
     • Impotency
     • Conversion to another religion
     • Incurable diseases
     • Renunciation of the world
   • Procedure:
     • Filing of a divorce petition by one party.
     • Respondent is notified and given a chance to contest
     • Evidence and witnesses may be presented.
     • Court decides on issues like custody, alimony, and property distribution.

Key Legal Aspects to Consider

1. Child Custody & Support
   • The court prioritizes the welfare of the child while deciding on custody arrangements. Joint custody, sole custody, and visitation rights are available options.
   • Child support ensures that the child's financial needs are met, including education, healthcare, and general living expenses.
2. Alimony & Maintenance
   • ​​​​​​​Alimony can be awarded to either spouse, depending on financial stability, duration of the marriage, and other factors.
   • Maintenance can be sought during or after divorce to support a spouse who may not be financially independent.
3. Division of Property
   • ​​​​​​​The division of marital assets is an important part of the divorce process. Courts generally aim for a fair distribution based on contributions made by each party during the marriage.

Frequently Asked Questions

1. How long does it take to get a divorce?
   • A mutual consent divorce may take 6 to 18 months, while a contested divorce can take several years, depending on the complexity of the case.​​​​​​​
2. What is the process for filing for divorce?
   • ​​​​​​​The process involves filing a petition in the family court, followed by mediation, hearings, and a final decree. It’s advisable to consult an experienced divorce lawyer to navigate this process efficiently.
3. Can we settle divorce matters outside of court?
   • ​​​​​​​Yes, many couples opt for mediation or out-of-court settlements to resolve issues amicably and avoid prolonged litigation.

Why Choose Us for Your Divorce Case?

• Experienced Legal Team: Our team of skilled divorce lawyers specializes in handling both mutual consent and contested divorce cases with sensitivity and professionalism.
• Personalized Approach: We understand that every case is unique. We provide tailored legal solutions based on your specific circumstances and priorities.
• Compassionate Support: We offer compassionate guidance and keep you informed at every step, ensuring that you are supported throughout the process.
• Confidentiality & Discretion: We handle all cases with the utmost confidentiality, respecting your privacy during this difficult time.

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