Legal Process of Divorce in India: Mutual vs. Contested Explained
Understanding Divorce
Not all marriages end up good. Once a couple decides that they want to separate, the law gives two methods of obtaining divorce namely mutual consent divorce and contested divorce. A trusted family lawyer in India can explain which one suits your case best.
Mutual Consent Divorce When Both Partners Agree
This is the smoother way. Suppose, the marriage is not working out and the couple has been separated for more than one year, and they both consent to it. They have the option of submitting a joint petition of mutual consent divorce. In this case, a family lawyer India based helps prepare the petition, list terms for custody, alimony, and property, and submit it in family court. The court awards the divorce after two hearings (and a gap of six months in-between).
When One Partner Opposes--Contested Divorce
This path is more challenging. Consider an example of a wife being subjected to cruelty and the husband denying to divorce her. She is able to proceed with a contested divorce based on such grounds as cruelty, desertion or adultery. These trials include evidence, witnesses and multiple hearings. That’s where experienced family lawyers in India play a crucial role in building and presenting the case strongly.
FAQs
Q1. What is the duration of mutual divorce in India?
Typically 6 to 18 months, or as available in the court.
Q2. Is it possible to divorce without the consent of the second?
Sure, by contested divorce, in case of justifiable legal reasons.
Q3. Is it possible to file a divorce soon after they are married?
No, most cases demand there be at least one year of marriage before one can file.