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Divorce Family Litigations

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Divorce Family Litigations

Get prompt legal advice in divorce cases and family litigation from our experienced family lawyer. We had contested /defended all types of divorce cases and family matters in a favorable way to the client.

Features

  • Divorce by Mutual Consent
  • Contested Divorce
  • Alimoney Disputes
  • Child Custody
  • Property distribution after divorce
  • and many more aspects…

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What is Divorce Family Litigations?

Divorce family litigations are the processes of handling disputes between people going through a divorce and the issues that are generated by divorce. Divorce is the legal dissolution of the marital union between a man and a woman. According to Indian Divorce Act, the separation is granted by a court of law after receiving a petition from either wife or husband. When a couple appears to the court for their divorce then it is said to be a family litigation.

Mainly there are two types of Divorce. A couple can get a divorce with mutual consent (no-fault divorce or mutual divorce), or either spouse may file for divorce without the consent of the other (fault divorce) as per the Indian Divorce Act. Divorce without mutual consent is situational and depends upon several parameters. Let us see Mutual consent divorce…

Mutual consent divorce is the quickest form of divorce in India. When both husband and wife agree that things are not working for them. And they decide it’s time to amicably end the marital alliance. Then, both of them jointly need to present a petition before the court. If the couple has children, they need to come up with a documented mutual understanding to bring them up.

Sometimes circumstances arise when a couple decides not to put allegations against each other and go public with their family dispute, instead of moving on with mutual respect, agreement, and dignity to each other. Unfortunately as separating from each other is very essential to think about both future aspects.

  • Address proof of you and your partner (photocopy of any of the documents viz. passport, voter id card, Aadhar card, driving license)
  • Proof of date of birth (photocopy of any of the documents viz. Aadhar card, passport, voter id card, driving license, class 10 passing certificate)
  • Passport size photographs of both the parties
  • Birth Certificate of the child if you have any
  • Marriage certificate
  • Photographs of the marriage ceremony
  • Proof that both partners have been living separately since a period of one year (for e.g. – delivery receipts of products, utility bills viz. gas, water, electricity, etc.)
  • Proof that all attempts to reconcile have failed. (for e.g. – invoice/ bill of a marriage counseling session, the copy of correspondences – email, letter, etc.)
  • Income tax statements of both partners for the last 3 years.
  • Relevant documents suggested at the time of consultation by the Lawyer.

Procedure is hassel-free!

Initialization

Details Analysis: After the finalization of the service, you have to provide all necessary and relevant details as per the procedure.

First Stage

Processing

Drafting of Divorce Petition: After analysis of details obtained from you, the lawyer will draft the petition and share the same with you for review and approval. In this Petition, case history, division of assets agreement, custody of children (if any), maintenance, etc., points are included, which you have to read carefully and approve for further procedure. Drafting of Divorce Petition: After analysis of details obtained from you, the lawyer will draft the petition and share the same with you for review and approval. In this Petition, case history, division of assets agreement, custody of children (if any), maintenance, etc., points are included, which you have to read carefully and approve for further procedure. Dispatch of Documents: After approval of the petition, you have to send us a signed copy of the petition along with the necessary documents as per suggested by our Lawyer. Filing of Divorce Petition: After receiving of signed Petition and all relevant documents, the same will be filled in the appropriate Family Court.

Second Stage

Finalization

Appearance of Parties: You and your partner along with the Lawyer will appear before the Family Court. Reconciliation Period: After submission and appearance The Court will give you a period of 6 months to re-think the decision to obtain a divorce. It may be reduced if deemed fit by the Court. The appearance of Parties after the Reconciliation Period: After the reconciliation period, you and your partner along with the Lawyer will appear in court and file a written submission that you would like to finalize the divorce. Grant of Divorce: The Judge will grant the divorce followed by a divorce decree after satisfaction that all requirements are met thoroughly.

Third Stage
What is a mutual consent divorce?
Mutual consent divorce is the quickest form of divorce in India. When both husband and wife agree that things are not working with them and it's time to amicably end the marital alliance. When they decide not to put allegations against each other and go public with a family dispute, rather move on with mutual respect, agreement and dignity. Both husband and wife jointly need to present a petition before the court of law requesting a divorce. If the couple has children, they need to come up with a documented mutual understanding to bring them up.
How divorce rules differ as per my religion?
  • Hindu Marriage Act, 1955 for Hindus, Buddhists, Sikhs and Jains religion
  • Muslim Marriages Act, 1939 for Muslims religion
  • Parsi Marriage and Divorce Act, 1936 for Parsis religion
  • Indian Divorce Act, 1869 for Christians religion
  • Special Marriage Act, 1956 for Inter-faith marriages

What are the documents required for a mutual consent divorce?
  1. Documents as proof of marriage :
    • Marriage Invitation Cards
    • Two Joint Marriage Photograph
    • Marriage Ceremony Photo
    • Marriage Certificate (if available)
  2. Documents of identity & Address
    • Adhaar Card and/or any other current address and photo ID proof of both parties
    • Proof of the last residence in the jurisdiction where you have applied for divorce. i.e if your current address is different from your permanent address
  3. Passport size photographs of both the parties
  4. Evidence
    • Evidence of separation for one year or more.
    • Evidence of unsuccessful attempts of reconciliation
  5. Proof of Income and assets
    • Income tax statements both the parties - last three years
    • Profession/business and current income
    • Family background of both the parties
    • Assets owned jointly or separately by both the parties
  6. Others
    • Birth Certificate of the child if you have any
    • Other documents as required by the lawyer

How long does it take to get Mutual Consent Divorce in India?
Six months. If you have jointly presented a petition for mutual consent divorce under section 13-B, the court will give six months cooling off period after your first motion for the couple to think through and decide. After 6 months you can apply for a second motion anytime within 18 months to get your final hearing and divorce decree. Reducing the six month cooling off period is purely at the discretion of the court. Earlier it was mandatory but in 2017 the supreme court of India in Amardeep Singh vs. Harveen Kaur CA NO, 11158 OF 2017 suggested that it can be waived off based on the facts of the case and situation. The court has not mentioned any ground under which the waiver can be granted but in general, the following conditions have been considered in past-
  1. When any of the couples were settling off abroad
  2. When the wife was getting married (a woman is often considered a victim of divorce)
  3. Urgent Medical conditions
As mentioned earlier, these are not defined by any law. It depends on the judge or how strongly your lawyer presents your case and the validity of the grounds under which you are applying for a waiver. In some cases, people are able to get their divorce within 2-3 weeks. On the contrary, if you have children, then the court will take time to consider your case. Before granting any waiver the court would like to be absolutely sure about
  • Legal and Physical custody of your child,
  • Their upbringing and well being,
  • Division of your property, maintenance for the wife and children,
  • Your joint liabilities,
  • Alimony and other factors.

Where can I file the petition for a Mutual Consent Divorce?
You can file a petition of Mutual Consent Divorce at any location mentioned below -
  • Place of your marriage
  • Place where you resided together last time as a couple
  • Place where your wife is residing at the time of petition

What are the advantages of a Mutual Consent Divorce?
The following are the top four advantages of filing a petition for mutual consent divorce:
  • Inexpensive
  • Less time-consuming
  • Rights of child custody, maintenance, and property rights are mutually decided
  • Less traumatic - the need for presenting evidence for divorce and court trial is avoided
If you have decided to move on, mutual consent divorce is your best choice.
How can I get a quick divorce?
Apply for a mutual consent divorce if you want a quick divorce. If you mutually agree on most points and file a joint petition, the chances of getting an early divorce increases significantly.

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