How to get a divorce in India?

I want to get a divorce as I am not happy with my life. What is the procedure of getting a divorce in India?

Answer (1)

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Before filing a petition for divorce in India, you should be married for a period of at least 1 year and should have been unable to consummate that marriage for a period of 1 year also. After this, you can file a petition for divorce in the family court having appropriate jurisdiction with help of the best Divorce Advocates in India. If your spouse also wants to end this marriage, then you can go for a mutual consent divorce which will take lesser time to finalise and will save you time, energy and resources. However, if your spouse doesn’t agree with getting a divorce then you will have to contest it, which mean to fight for it.

In India, a contested divorce can be granted on the grounds such as cruelty, adultery, desertion, mental disorders, etc. After filing the petition, your spouse will file a reply based on your petition. At this stage, the court will suggest you to take the help of a third neutral party (mediator) to settle your disputes but if that doesn’t happen, the court will further the proceedings and evidence by both the parties in support of this divorce will be filed. After the evidence, examination and cross-examination of both the parties, the court will grant a divorce decree, as it deems fit.

Other matters like alimony, maintenance, child custody, child support, etc. will also be decided by the court on the basis of evidence provided. You must hire the best Divorce Lawyers in India to help you with this divorce with the most effectiveness.

Answered on 28 Sep 2018


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