How To Apply For Divorce In India?
| Applying for divorce in India involves a court process that can be either mutual (with consent) or contested (disagreement between spouses). Here's a general overview of the procedure: |
Types of Divorce: |
| Mutual Consent Divorce: This is faster (around 18 months) and requires both spouses to agree. It involves filing a joint petition, attending counselling sessions, and a cooling-off period. |
| Contested Divorce: This is longer and more complex, with one spouse filing against the other. It involves grounds for divorce (like adultery, cruelty), evidence collection, court appearances, and judge's decision. |
General Steps: |
| Consultation: It's advisable to consult a lawyer specializing in family law. They can guide you through the process based on your situation (mutual or contested) and ensure you meet legal requirements. |
| Petition Filing: The lawyer will draft a petition mentioning grounds for divorce (in contested cases) and file it with the appropriate Family Court. |
| Documents: You'll need documents like marriage certificate, address proof, and evidence (for contested cases). |
| Cooling-off Period: In a mutual consent divorce, there's a mandatory cooling-off period of 6-18 months after filing the first motion. |
| Final Decree: If reconciliation fails and there are no disputes (mutual) or the judge rules in your favor (contested), the court grants a final divorce decree. |
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