Divorce Notice

If you want to initiate divorce proceedings against your spouse you must send a legal notice to that to your spouse. You must hire the best affordable divorce lawyers in your locality to help you draft the notice and initiate the proceedings.

The legal notice helps in informing your spouse of your intention to start the proceedings and also in intimating them regarding the grounds on which your petition is being filed. In case of a contested divorce, sending a notice becomes necessary to inform your spouse regarding the grounds on which the divorce petition is being filed.

Send a Divorce Notice Online
At INR 2499

What You'll Get In The Package

Inclusion

  • Introduction call to get acquainted with your lawyer and for your lawyer to become familiar with details of your case.
  • Divorce notice drafting.
  • Draft notice to be shared with you for approval.
  • Dispatch of final divorce notice.

Exclusion

  • Preparation of any other documents apart from the divorce notice.
  • Filing any case after dispatching the divorce notice. You may hire the divorce lawyer to help you with your matrimonial dispute further.

Documents for Sending Legal Notice for Divorce

  1. Address proof of both spouses
  2. Certificate of marriage
  3. Passport photographs of the marriage
  4. Evidence proving the grounds on which the divorce proceedings are being filed (eg- proof of adultery, cruelty, etc.)
  5. Witness evidence corroborating your grounds where necessary

Procedure for Sending Legal Notice for Divorce

  1. You must send a legal notice to your spouse stating your intention to file a divorce before approaching the Court.
  2. Your lawyer drafts a legal notice to the effect of informing your spouse regarding the divorce proceedings initiated by you and stating the grounds on which it has been initiated.

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FAQs

When should I send the divorce notice to my spouse?
You should send a legal notice to your spouse before filing a petition for divorce before the Court. Matrimonial disputes generally get resolved after a notice is served. Hiring a top divorce lawyer in your locality to help you draft your divorce notice will help you in resolving your dispute in a cheap and easy manner.
What is the total cost of sending a divorce notice?
Legistify provides you with the means of drafting a legal notice at a fixed price with no additional costs with the help of the top experienced divorce lawyers in your locality.
How can I get a good legal notice for divorce drafted?
To form a good divorce notice, you must hire the best divorce law advocates in your locality through Legistify. Legistify provides you with services to draft a legal notice at affordable costs with no extra charges and through the most experienced lawyers in your local area. The legal notice must be well-drafted and should cover all points and grounds on which you are seeking the divorce. You must clearly state before your lawyer all the relevant information such as the grounds behind you wanting the divorce and the circumstances of your case. The lawyer shall then be able to draft a good notice containing all relevant information and grounds of divorce.
What happens if my spouse doesn’t reply to the divorce notice?
If your spouse doesn’t reply to your divorce notice, you must go ahead with the filing of the divorce petition before the Court. If s/he doesn’t reply to the notice, they will essentially not be able to know the grounds and details of the divorce petition being initiated by you clearly. The Court also might just assume that they are not keen on participating and hence, proceed with the Court proceedings.
When can a person remarry after the divorce is granted?
There is a period of limitation on the time before which a decree of mutual divorce may be appealed. If you and your spouse have separated by a divorce by mutual consent, you may appeal the same within 90 days only. After the 90 days has elapsed, if no appeal is pending, both parties are at a liberty to remarry. In case of a contested divorce, there is no such period of limitation. If one of the spouses files an appeal against a contested divorce petition, the other spouse cannot remarry as remarriage will amount to bigamy if the decree is reversed.
Can a divorce petition be transferred to a different court?
Yes, a divorce petition may be transferred to another Court after being filed in one Court by way of a transfer petition before the Supreme Court. The Supreme Court generally grants the transfer if there are some substantial reasons behind the same. The Supreme Court may also transfer the case suo moto on grounds of the petition having being filed before the wrong jurisdiction.
What is a divorce petition?
A petition for divorce is an application moved before a Court seeking a decree of divorce. In India, you need to be married for atleast one year before you may file a petition for divorce. If you are seeking divorce by mutual consent, you must show that you have been living separately for atleast one year and the consent is indeed voluntary. If it is a contested divorce, you may file a divorce on grounds such as adultery, cruelty, desertion, etc.
What is a divorce motion?
A divorce motion is a term that comes into play only in the process of divorce by mutual consent. In a divorce by mutual consent, when the couple files the petition before the Court along with accompanying affidavits stating their intention, it is called the first motion. Subsequently, after the cooling-off period has been completed, if the couple still wants to go ahead with the divorce, they must move the second motion before the Court to this effect.
Why do I need a lawyer to draft my divorce notice?
In India, marriage laws are governed by personal laws and the various laws have rules and processes by which the steps of a divorce proceeding go. The legal technicalities of the ingredients that are to be part of the divorce notice and of all factors that need to be mentioned will be best known to the experienced divorce lawyers in your locality. Hence, you must hire the best divorce attorneys in your locality to help you draft the petition.
Can I change Mutual Consent Divorce into Contested Divorce?
Mutual consent divorce is when a petition is filed jointly with accompanying affidavits, the Court generally grants a 6 months cooling-off period for the couple to reconsider their decision to separate. If during this period, some dispute arises between the spouses, they may withdraw their petition and file for a contested divorce instead. A petition to this extent must be filed by the spouse initiating the same and once the petition is filed, the Court procedure required for contested divorce is followed by the Court.