“They say marriages are made in heaven. But so is thunder and lightning.” — Clint Eastwood
Despite all your efforts and blessings, sometimes marriage could not reach out the commitments or the vows taken on your wedding day and it becomes vexing due to lack of understanding and misconduct of your partner. And when it becomes very difficult to proceed this journey together you opt for divorce, but parting your ways legally is not so easy.
In India Marriage and Divorce laws vary for different religions and are governed by personal laws. The different laws regarding divorce are: - Hindu Marriage Act, 1955, Indian Divorce Act, 1869, Dissolution of Marriage Act,1939, Parsi Marriage and Divorce Act, 1936 and Special Marriage Act, 1954.
According to the Hindu Marriage Act, 1955; If you and your spouse have mutually decided to part your ways legally, you can file for a ‘Mutual Divorce’, and if the other party is not willing to get a divorce, you can file for a ‘Contested divorce’ on reasonable grounds. Mutual Divorce is filed jointly by husband and wife whereas in a contested divorce, one party will file petition (Petitioner) for divorce while other will defend or oppose it(respondent). So you will need a single lawyer for filing a mutual divorce but it will require two different lawyers in case of a contested divorce.
These are just articles to give you an outline of divorce and the procedures involved in it. But the entire procedure involves much more complexities and legal work, which is beyond the understandings of a layman. And these complexities varies from one case to another. These complexities involve allegation and grounds, counter and reply of such allegations, maintenance, custody of child, property and investments, etc. That’s why you need a good divorce lawyer for filing or defending a divorce case.
How much time does it take?
Divorce by mutual consent usually takes 6 months to 12 months. It involves 6 months of cooling or reconciliation period between the first motion and second motion, this time is given by the court to couples to reconsider their decision of getting divorce. But this cooling period can be waived off by the Court in some cases depending upon the discretion of the court.
*No such petition can be filed within one year of marriage.
Whereas a contested divorce can take a much longer period, ranging between 2 to 5 years due to the complexities involved in it and numbers of date of hearing. Either of the parties can also challenge orders passed by the lower court in higher courts.
Women can avail free legal services by getting a lawyer from legal aid cell and also demand litigation expenses from husband through Court. Major cost involved in the process of divorce is Lawyer’s fee, which usually ranges from Rs 10,000 to 1.5 Lakh depending on the type of case, amount of legal work needed, duration involved and ofcourse the experience of the lawyer.
So think wisely while selecting a divorce lawyer.
Court Proceedings and Steps
- Filing of the petition(First motion).
- Reconciliation (Cooling off) period, i.e. 6 months.
- Second motion.
- Decree of divorce.
- Filing of the petition.
- Issuance of notice to other party.
- Recording of statements of parties
- Examination and cross-examination of witnesses and evidences.
- Decree of divorce