Are you seeking for Best Legal aid services for Divorce in Delhi or NCR? If you’ve chosen to divorce, you may be concerned about legal fees, the length of the process, and if you’re making the correct decision. After all, despite marital difficulties, some couples stay together for many years. However, not all divorces are costly, unpleasant, or lengthy.
Even after you’ve chosen to split, having a good connection with your spouse might lead to a simple divorce without the need for a trial. A fast divorce is typically the outcome of an amicable or even relatively amicable divorce.
Are you fed up with your marriage and want to get a divorce in Delhi?
In this post, we look at the steps and complexities of getting a divorce in Delhi. Allow our Best Divorce Lawyers in Delhi to assist you with your divorce processes. Call us at +91-9318348453 right now.
Divorce, also known as dissolution of marriage, is the legal and definitive breakup of a marriage. Divorce renders the spouses’ legal obligations and liabilities linked with their marriage null and void.
The divorce process might include problems such as spousal maintenance, child support and custody, property distribution, and debt division when children and property are involved.
Complete legal Process for getting divorce in India
Whether you choose a mutual consent divorce or fight it, there are a few things you should know about both options.
In this piece, we’ll go through the process, the time it takes, the expenses, the papers you’ll need, and so on.
| Mutual Consent divorce | VS | Contested divorce |
| Section 13B of Hindu Marriage Act 1955 | Sections under which it is filed | Section 13 of Hindu Marriage Act 1955 |
| Filed jointly by husband and wife. | Petition filed | Filed only by one spouse since the other does not consent. |
| Husband, wife decide on maintenance, child custody, property and investments. | Decision-making | Lawyers mediate on all these issues. |
| No grounds required. | Grounds | Grounds include cruelty, adultery, desertion, conversion, mental disorder, leprosy, venereal disease, renunciation, no resumption of cohabitation, and not heard to be alive. |
| Short duration (18-24 months) | Time taken | Time-consuming (3-5 years) |
| Single, common lawyer | Lawyer | Separate divorce lawyers |
How long does it normally take?
Within six months, a divorce by mutual consent can be achieved, although no petition in such a case can be submitted within the first year of marriage. Between the first and second motions, there must be a six-month interval. In rare instances, the court may waive the cooling-off period. So, in the event of mutual agreement divorce, it generally takes 18-24 months.
Because of the complexity and the potential that either party might dispute the judgement in the High Court or Supreme Court, the duration in a contested divorce is longer, ranging from three to five years.
Documents required in the process of filing Divorce in India
The court may ask following documents –
- Proof of Address of husband and wife.
- Details about the husband and wife’s occupations and current wages.
- Marriage certificate.
- Background information on the family.
- Photographs from wedding
- Evidence demonstrating that the husband and wife have been living apart for over a year.
- Evidence demonstrating the failure of reconciliation efforts.
- Income tax returns.
- Property and assets of the parties in detail.
- Depending on the facts and circumstances of the case, additional papers may be required.
What are the steps in the process?
Divorce with mutual consent
STEP 1: The first motion is the filing of a divorce petition jointly.
STEP 2: Following the filing of the petition, the husband and wife appear in court to provide statements.
STEP 3: The court looks through the petition and papers, tries to reconcile them, and keeps track of the statements.
STEP 4: The court rules on the First Motion.
STEP 5: The court grants the pair a six-month cooling-off period to reconsider their decision.
STEP 6: Within 18 months after the first motion, the second motion is filed.
STEP 7: The court passes a divorce decree.
Contested Divorce
STEP 1: The petition is filed by the husband or wife.
STEP 2: The court issues summons and asks the other spouse to respond.
STEP 3: The court may propose that the parties reconcile.
STEP 4: Witnesses and evidence are examined and cross-examined.
STEP 5: Final arguments are presented by advocates of both sides.
STEP 6: The court issues a divorce decree.
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