Divorce Procedure in India
Whenever there is an emergence of misunderstanding there are gaps between the spouses due to multiple reasons like lack of understanding and all, then there are provisions for the separation interpreted in the divorce rule or the Hindu Marriage Act and therefore, there are some ways to get apart. There are two ways of getting a divorce where first one is the divorce with mutual consent and the other with the contested divorce. However, in both ways, one must follow the constitutional rules which can be assimilated better by consulting the best divorce lawyer and you can get the explicit ideas to know all the steps in both the ways of divorce.
There are two ways of divorce and in both cases, there are certain steps that must be followed by the spouse as per the constitutional norms and these are
Mutual consent Divorce: In this case, after the personal disputes and decision, the spouse decides to get a divorce with the methods of self-negotiation and understanding and during this, they decide everything i.e., about the child custody, alimony, property distributions and finally appear in the family court to get the divorce. And as per the divorce by mutual consent, it becomes easy and beneficial for them to get the divorce on time.
Contested Divorce: As per the name contested divorce and Hindu Marriage Act 1955, it starts with the internal conflict and especially in this case the spouse is accused as per the grounds mentioned in the divorce case like Adultery, cruelty, desertion, religious conversion, mental disorder, communicable disease, renunciation, presumption of death (of a spouse), etc. In this case, the spouse files a petition in the court and finally proceeds with the norms which can be better understood with the help of a divorce lawyer.
Steps to filing a petition in Divorce by Mutual Consent.
- Drafting the petition: At initial states drafting a petition for a divorce is the essential part where every concern and reason for getting a divorce must be written explicitly so that your lawyer can represent your case in the court. However, it’s the fact that your lawyer will draft all these with the expertise.
- Filling petition: Once your draft is ready and you have consulted your lawyers and hereafter you need to file the petition in the family court revealing your concern and case.
- Following the question: After the petition, your case is registered and you have to face some questions to assimilate your concerns and once they are ensured with your decision, you are allowed to continue the case.
- Cooling or waiting period: To determine and deliberate on the situation and to think positively about the case, it is necessary to provide a cooling period to the spouse so that they can think and many times it happens that their decision gets changed.
- Re-appearing in the court: Once the cooling period is finished, the spouse has to re-appear in the court and finally they have to wait for the final decisions.
- Getting a final decision: After considering all the circumstances, the family court decides the cases and finally presents the judgements.
Steps and procedures for the Contested Divorce.
- Drafting and Filing Petition: At the initial steps the petition with the help divorce lawyer is drafted where all the grounds along with the affidavit all. There must be all the concerns and reasons that can help you get the illustrated guidance for the divorce.
- Appearing in the court: Once the petition is filed the court sends the notice to the spouse and order them to appear in the court. Considering their concerns notification the court proceeds with the next formalities and finally goes ahead with the next step.
- Getting the chance for meditation: After listening and getting the statement of both parties there is a provision where the spouse is given time for the mediation and to accomplish all those chances for withdrawing from this decision, the court provides a six-month.
- Again, appearing in the recording statements: If there are no chances of negotiation then the court finally records the statements of the spouse and analyses on different parameters that affect the amount of maintenance and alimony.
- Final Verdict: After analysing all the statements, and scenarios, the court delivers its final judgement and as per the current situation, i.e., the financial status of a family, the court delivers its final decisions.
Conclusion
Considering the difference between divorce by mutual consent and contested divorce where there is mutual understanding even in divorce and explicit information along with all the grounds for divorce, it is essential to know the parameters and steps that are included in the case. Therefore, considering the complexities and cumbersomeness it is essential to consult a divorce lawyer for better information and to know the way to proceed forward.