Filing for Divorce? Here’s Everything You Need to Know

Dealing with divorce is the most difficult situation in India in both ways, emotionally as well as mentally, for partners as well as for their families. As the circumstances are already very exhausting for both partners, confusing legal procedures can be even more complicated.

Yet, with an experienced divorce lawyer in Delhi, both partners can face this crucial phase more smoothly. In this article, we will learn the legality behind divorce in India and how to file for divorce. If anyone is going through a divorce, it is very important to look for an experienced and skilled lawyer to ensure your rights are secured, and the process runs as efficiently as possible.

Types of Divorces in India

Mutual Consent Divorce

Mutual Consent divorce is the process in which both parties decide mutually that they will not continue their marriage for the rest of their lives and file a combined petition with the court. The procedure is generally faster and simpler when both agree on matters like Financial support, parental custody, and asset distribution.

Contested divorce

Contested divorce is the process that takes place when one partner disagrees to give the divorce to the other partner. These types of cases can take a lot of time and engage in disputes on various matters like parental custody, financial support, asset distribution, and other legal issues.

The Legal Grounds for a Filing a Divorce

Cruelty

Cruelty is the process in which physical as well as mental health can be destroyed it also serves as a valid reason for divorce under the Hindu Marriage Act of 1955. Cruelty is not always intentional it can occur accidentally as well. Cruelty can be explained by any action that harms another person, even without physical violence, mental torture can also constitute cruelty.

Adultery

Adultery is the process in which one partner cheats on the other partner by having an affair outside the marriage, even after being married legally to someone. It is recognized as the cause of divorce under the Hindu Marriage Act of 1955. Adultery does not come under the category of violence. This includes pleasing in an affair over the phone or through meetings.

Desertion

Desertion, in simple terms, explains that one partner intentionally leaves the other without a valid reason, and it’s not just leaving physically it also means that they don’t have any assurance to come back, and the partner who is left behind did not agree to do this.

How to File for Divorce?

Once you have made up your mind to get a divorce, you can go ahead with the step-by-step process to file for divorce. If you aren’t familiar with how to file for a divorce, it is recommended to hire a Divorce lawyer in Delhi and make your overall experience smoother. Here are the steps to be followed to apply for a divorce –

How to File for Mutual Divorce

A mutual divorceis the process when both partners agree to end their marriage without any argument. Arguments can be on any matter, like child custody, property distribution, and alimony.

Steps for Mutual Consent Divorce:

Step 1. Writing the understanding agreement (Memorandum of Understanding)

Step 2. Submitting the divorce application together with your partner

Step 3. First meeting in court or First hearing.

Step 4. Six-month waiting period.

Step 5. Second court hearing

How to File for Contested Divorce

Contested Divorce occurs when one partner is not ready to give the divorce and is not interested in finishing the marriage. The process of contested divorce in India takes time as compared to the mutually contested divorce. A contested divorce is also known as a one-sided divorce.

Steps for Contested divorce:

Step 1: Asking the court for divorce by filing the petition

Step 2: Reply by the opposite party.

Step 3:  Temporary Decision taken

Step 4: Submission of Evidence

Step 5: Argument between both the parties

Step 6: Final divorce judgment

Step 7: Appeal filed by the other party

Documents Required to File a Divorce

Documents required to file mutual divorce in India:

• Marriage certificate
• Address evidence
• Profession details like salary slips or offer letter
• Income tax statement details of last 3 years
• Family background information
• Assets details
• Current earnings
• Minimum four marriage photographs
• Proof of living separately for more than 1 year
• Other documents depending upon the case.

Documents required to file a contested divorce in India:

• Marriage certificate
• Address proof
• Photographs
• Financial statements
• Professional details
• Proof of staying separately

Divorce Laws in India Based on Religion

Divorce law in India can vary based on the personal laws of the individuals, which are often influenced by their religion.

Hindu Marriage Act, 1955

The Hindu Marriage Act of 1955 is a law in India that governs marriage and divorce among Hindus, Buddhists, Jains, and Sikhs.This act applies to any person who is Hindu by religion in any form from India or any other territory. This law especially applies to people who follow Hinduism, Sikhism, Buddhism, and Jainism in India.

Muslim Personal Law

The Shariat Act known as the Muslim Personal Law its main objective is to ensure that the application of Islamic Law is consistently followed among Muslims in matters of personal law personal matters including marriage, divorce, and family relations. These laws are derived from the Islamic principles and the teachings of the Qurans.

Christian Divorce Act, 1869

This act applies specifically to Christians in India and is different from divorce laws concerning other religions, such as Hindus and Muslims. The Christian Divorce Act of 1869 is a law that governs divorce and marital issues for Christians in India. It provides a legal framework for Christians seeking to dissolve their marriage and covers various aspects of marriage, divorce, and maintenance.

Parsi Marriage and Divorce Act, 1936

This act especially applies to the Parsi community and is separate from the laws concerning marriage and divorce for other religious communities. The Parsi Marriage and Divorce Act of 1936 is a law in India that governs marriage, divorce, and related issues for Parsi (members of the Zoroastrian community). It outlines the legal procedures and requirements for marriages and divorces among Parsi.

Special Marriage Act, 1954 (for interfaith marriages)

The Special Marriage Act of 1954 is legislation in India that provides for the solemnization of marriages between individuals of different faiths or religions or those who do not wish to follow religious customs for their marriage.

Why Legal Assistance is Important When Filing Divorce

Even after knowing about all the legal procedures, a person alone cannot handle all this as there are many challenges in divorce, like assets or property distribution, child custody, and many more.

So, to gain knowledge, it is necessary to hire an experienced lawyer. They offer advice on legal matters for divorce by helping in completing the correct paperwork and ensuring that all the important procedures are followed effectively by decreasing the chances of mistakes.

How Chambers of Mohit Singh Assist in Filing Divorce

Chambers of Mohit Singh is a team of the most experienced and skilled divorce lawyers in Delhi. The team is committed to providing professional and empathetic legal support for clients undergoing divorce. When you are struggling with how to file for divorce in India, they can be your reliable partner. Here’s how they assist:

1. Legal Advice: Chambers of Mohit Singh’s main motive is to give the best and most detailed advice to the clients after listening to the client’s problems. As the chambers of Mohit Singh have a skilled firm, they will discuss the complexities of the case by giving the best legal advice to their clients.
2. Preparing the Divorce application: The chambers of Mohit Singh have a skilled firm, so it easily prepares the divorce petition for their clients by assuring that all the necessary information is present in the application and the application fulfills the law-based requirements of the jurisdiction in which the application is being filed.   
3. Managing court proceedings: After preparing the application for the clients so that it can be represented in court during hearings, the Chambers of Mohit Singh review all the necessary procedures by themselves because of their skills and experience, the case runs efficiently with less time.  
4. Reaching a settlement agreement: The Chambers of Mohit Singh provides services to reach settled agreement services, including asset distribution, parental custody, and alimony. Their main motive is to support the clients by giving the best and fairest solution.
5. Contested and Uncontested Divorce: The Chambers of Mohit Singh is an experienced law-based firm and is capable of dealing with any kind of divorce proceedings, whether it is contested or mutual. They always show the best reputation in the market by assuring to provide the best and fairest solutions to their clients.

Conclusion

Deciding on how to file for divorce is a tough choice for both partners. When two partners file for a divorce, it is not only between the two partners whose life is affected; family lives are also linked with them. So, one must think properly before deciding on divorce.

Whether both the partners are engaging in mutual consent divorce or contested divorce, having complete knowledge of the duties and responsibilities is essential. In this regard, Mohit Singh, the best divorce lawyer in Delhi, can help you out. Also, the process will take place smoothly step by step after knowing all the judicial rights and legal processes.