Couples experiencing a bad married life plan to get separated. They apply for a divorce if they find it difficult to stay under the same roof and would like to part ways. However, it should be done legally and by the court. Divorce dissolves marital union legally between a woman and a man.
What things follow a divorce?
Either husband or wife gives a petition to the local court to grant separation. Following a divorce, the court grants child custody, alimony, child visitation rights, property, and debt distribution. However, before applying for a divorce, couples should know the procedure followed in the country. It will make the efforts easy, and hassle-free, and help avoid pitfalls.
Divorce Petitions
Couples may file for divorce without each other’s consent. It is called fault divorce. The other type is mutual consent, where both the parties consent to each other to get separated legally. It is called mutual divorce or no-fault divorce. The Best Divorce Lawyer in Delhi can guide you to making the right choice based on your circumstances.
Issues to handle
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Child custody: It is an important consideration to make. In the mutual consent type, child custody may be joint, shared, or exclusive. It depends on the spouses.
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Maintenance or alimony: Divorce law doesn’t state any maximum or minimum support limit concerning maintenance issues or alimony. The Divorce Advocate Delhi can help get alimony.
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Property rights: Couples should determine who gets the property and their divisions. It includes both immovable and movable property. They should divide everything, including bank accounts.
Duration of divorce
In the case of mutual consent, the duration of divorce ranges between 6 and 18 months. It depends on the court’s decisions. If the couples lack consent, either the wife or husband may file for divorce. However, when filing the petition, they should follow certain conditions. The learned marriage lawyer can help adhere to the rules to ensure a quicker divorce.
Essential documents to submit in court to file for divorce
According to the 1869 established Indian Divorce Act, the following documents need to be submitted to file a divorce. It includes the wife and husband’s address proof, marriage certificate, and evidence to prove the spouse has lived separately for over a year. It also includes passport-size marriage photographs, property details, family background-related information, current remuneration and professional details, etc.
Procedure to file a divorce
The 1908 established Civil Code Procedure provision regulates the procedures for filing a divorce in the country. A petition is filed initiating a divorce appeal, following which both the partners make affidavits in their regional district court. The trained lawyer can help with the procedure and comply with the laws. They have the expertise and experience to guide you to hasten your divorce and avoid hassles.
What should the petition have?
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Concerned parties’ name
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Their domicile and status
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Principal permanent place of cohabit
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Marriage venue and date
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Children’s names and date of birth
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Last location where they resided together
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Details and facts for seeking relief
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Ground for seeking separation or divorce
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Parties involved not collaborating to deceive the court
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The judge hears both spouses and grants a mutual divorce decree if the reasons are satisfactory.
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On issuing a divorce decree, the judge considers litigation expenses, alimony to the wife, and custody of the child.
Contact a reputed divorce lawyer
Experienced divorce lawyers can minimize the pain involved in failed marriages. You can take their help to avoid future hassles and start your life afresh.
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