Procedure for Divorce in India for Court-Married Couples: Is It Different?
Is the Divorce Process Different for Court-Married Couples?
Not really. Court marriage is just a legal way to get married under the Special Marriage Act, 1954. So, the divorce process depends on that law. If you got married at a marriage registrar’s office, your divorce will also be handled under the same Act.
Let’s say Riya and Aman had a court marriage in 2018. After five years, they want to separate. They can either file for mutual divorce if both agree or contested divorce if one doesn’t. A quick search for "lawyer divorce near me" helped Riya find someone to file the mutual divorce petition at the family court.
How is it Handled in Court?
Mutual consent divorce needs both partners to live separately for at least one year. They must agree on things like alimony and custody. After filing, they appear twice in court. The judge grants the divorce after making sure everything is fair.
If it’s a contested divorce, maybe due to cruelty, desertion, or cheating, then one spouse files it, and the process takes longer. In such cases, strong representation matters, and experienced “lawyer divorce near me” can really help.
Do You Need a Special Lawyer?
You don't need a “special” lawyer, but you do need someone who understands the Special Marriage Act. The best way is to look up "attorneys for divorce near me" and find someone who handles court marriage divorce cases regularly.
FAQs
Q1. Is the divorce process longer for court marriages?
Not really. It just follows the Special Marriage Act, which is slightly different but not harder.
Q2. Can I file without a lawyer?
You can, but it’s risky. A good divorce lawyer makes things smoother and avoids delays.
Q3. Where do I start?
Start by searching for "divorce lawyer near me" or "attorneys for divorce near me" and book a consultation.