Divorce
Getting a divorce in Delhi and following through with all legal procedures is extremely emotionally and physically draining. It isn’t easy to understand all the legal procedures and what you have to do next. This is why you need the right set of minds with you to help you navigate the seemingly endless legal procedures. Yes, many documents and petitions need to be filed. Since these are legal documents and manoeuvring your way through them is difficult. This is why you need someone who knows the legal procedures and requirements inside out. You must get the best divorce lawyer in Saket Court for these reasons alone. You need an open-minded person who will understand the details and problems you may be going through. This is why it is also important to appoint a lawyer with experience. With more experience, more divorce lawyers know how to solve the problem efficiently for you.
- There are many legal aspects and laws that you may not know yourself, and the expertise of a divorce lawyer will help you get a clear case from that. Since marriage laws come under personal law, there are different specifications for different communities in India, and this is why different directions can incriminate you and protect you. The period of reconciliation differs significantly for other communities in India as well.
- We are one of the best known specialist divorce law firms in DELHI. We deal with divorces, whether simple ones or high value, complex ones – and international divorces involving Indian nationals resident abroad (“expats”) where one partner lives in India.
- Appointments can usually be arranged quickly by telephone or by completing our online request form. Initial telephone consultations can be arranged where it is not possible or convenient to come to our office for a meeting, for example if you live abroad.
- We understand that divorce and separation are sensitive issues We try to handle them in a sympathetic, civilised and positive manner and by advising clearly while at the same time acting firmly and decisively to resolve them, if possible by agreement but, if that is not possible, by obtaining the appropriate remedy through the courts.
Matrimonial cases
Areas of family law our family lawyers specialise in, include:
Divorce/separation
Financial settlements
Legal separation
Child contact
Maintenance and child support/parental responsibility
Domestic violence and protective orders
Annulment of marriage
Property disputes
Pension splitting
Dowry
Mediation
Cruelty against Husbands
Mutual Divorce
This article will help you take the first step towards filing the divorce papers, among other procedures. Some essential requirements need to be fulfilled before filing for divorce officially. The various Acts have set these requirements that the Constitution prescribes. For example:
- The husband and wife have to be living separately for at least a year before filing for an official divorce. It needs to be two years if both the parties are Christians.
- There needs to be a mutual understanding between the two parties regarding the separation. This implies no contestation regarding any assets or even child custody.
The process to file for a mutual divorce can be online as well. While you can file it yourself, you have to be extremely careful about the details and specifications because it is a legal document that you are applying for at the end of the day.
- You will need a lawyer to guide you throughout the proceedings because the petition will be filed before a Family Court. The place of marriage taken into consideration to decide where the petition will be filed.
- The petition will be filed on the online portal through the filing account of the advocate.
- After filing the first motion, both the parties asked to present themselves at the Family Court at the appointed time and date for the hearing. This is where all the formal complaints and queries will be readout. Both parties are in their right to make a statement. They then have to be accepted by both parties. This is where you will need the help of your advocate because it is not possible for you to know every detail about all the legal proceedings. This is where you will be given the orders for a period of reconciliation for the next six months.
- If there is no change of plans in the next six months, you have to file for the second motion at the end of the six months since the First Motion has been filed. All the documents have to be filed again with the original statement from the First Motion. All this needs to be done 18 months before filing the First Motion.
- The mutual divorce petition is then filed in the same manner and is filed again in the Family Court. After the proceedings are done, all the formalities will be clearly stated to both parties.
While all the paperwork can be submitted online, you will still have to be present at court at the given time and date. This is important to follow because the presence of both parties is vital. The petition will be then accepted, and the orders are finally passed on the online mutual divorce, and the issue is dissolved.
Types of Divorce
There are many different divorce petitions that you can file for in the District Family Court. Any petition you file for will require you to get the necessary documents and evidence supporting the petition. It is better to know all your options before you go in actually to file the divorce. These are some of the most common divorce petitions that are usually filed:
- Mutual Divorce:
It would help if you were married for at least a year.
There needs to be proof that both the parties have been living separately for a year at least.
There is no contestation on the child’s custody (if any).
There is no confusion about the division of property and any other assets.
- Contested Divorce:
The exact nature of a contested law may differ based
on the parties’ religion. You can file for divorce on contested grounds for
the following reasons:
Adultery
Mental instability
Domestic violence
Cruelty
Abandonment
Missing for over 7 years
These are just some examples of the reasons for a contested divorce and even the
type of divorces you can file for. It is best to consult with your divorce lawyer, who
will explain every detail of the procedure to you. This may be a time-consuming
process, and you want to ensure you have the best guidance.
How much time does a mutual divorce take in India?
Firstly, you need to understand her reasons for not agreeing to a mutual divorce. It may be due to emotional reasons. Or is it due to monetary reasons? Besides, you can make her realize how this decision can benefit her. Otherwise, if you want to live separately, a divorce petition is the only way. So, you can file a divorce petition against her if you have a base. Also, you will have to pay maintenance as per the court’s decision. For better assistance, contact us and get the best way out for such issues.
So, it is better to go to a legal expert rather than waste your precious time. Since they can determine the real cause of the issue, if your wife is not ready to dissolve the marriage, you can opt for RCR. So, by filing the file for restitution of conjugal rights, you can ask your wife to live back with you. And, if she disagrees, then you can go for mutual divorce. With the help of legal experts, you can prove your grounds and get the order in your favor. Thus, an expert lawyer can help both parties to agree to a mutual divorce quickly.
Can the wife claim maintenance after mutual divorce?
There are certain conditions where the wife may or may not claim maintenance after mutual divorce. Like, the wife need not be living separately by mutual consent. And she should not be living in adultery. Also, if she has quit her right to maintenance, she cannot demand it later. Besides, in case of mutual divorce, the wife can claim maintenance as long as she remains unmarried. Or she is incapable of maintaining herself. To better understand your rights, contact Adv. Rahul Choudhary.
Further, in case of mutual divorce, both parties can decide on the alimony or maintenance through their consent. And the amount is determined based on various factors. Such as the responders’ income, their property, etc. In India, a working woman can ask for alimony as well. So, the court considered whether she could support her lifestyle. Also, if she has other sensible demands or dependants, the court may grant her maintenance. Thus, contact the top Delhi lawyer today to better understand your rights in the mutual divorce process.
Is a lawyer necessary for a mutual divorce?
Yes, it is essential to hire a lawyer for mutual divorce. Also, there are many ups and downs in the case. And in many cases, the settlement is not fair among both parties. Thus, hiring a reliable lawyer who can defend your case and inform you about your rights is vital. Plus, they can help you file related cases like maintenance, child custody, etc. Hence, get in touch with Adv. Rahul Choudhary, as he can effectively deal with such matters efficiently. And guide you about all your rights and intricacies of the case very well.
Divorce is not an easy option. Also, it may require many tough decisions for you to make. Hence, it is more likely that you may complicate the situation. Or it can even go out of control. The process of divorce requires taking many varied decisions and steps. Thus, an expert lawyer is vital for better legal advice. And to help you sort the financial and related matters in mutual consent divorce.
What are the documents required for mutual divorce in India?
court decree. Also, he demands fair mutual divorce fees in Delhi. Hence, hire the best divorce lawyer in Delhi to get helpful divorce solutions.
Here is the list of some standard documents needed for filing a mutual divorce in India:
➣ Marriage certificate
➣ Address proof of the parties
➣ Photographs of their marriage
➣ Details of family, property, and assets
➣ Information about their profession and income (Like, salary slip, etc.)
➣ Proof of staying separately at least for a year
Besides, it is wise to seek an expert lawyer to avoid missing any detail or papers necessary. Also, the right advice and facts are crucial for filing the petition. So, they can help you prepare it all and escape from last-minute hassles. And, Adv. Rahul Choudhary is a trusted lawyer helping you right from issuing summon to the final