The procedure to file a divorce depends upon the choice of mode of divorce. One is a mutual consent divorce wherein both the husband and wife together are willing to take a divorce. In this case, both the parties can hire a common mutual consent divorce lawyer. It is advisable to go for separate lawyers to get a piece of unbiased advice.
The other mode of divorce is contested divorce. This type of divorce is filed when one party is not willing to go for a divorce. www.divorcelawyer.net.in with its legacy provide client-centric solution on divorce issues and is hence known as the best divorce law firm in Bhubaneswar, Odisha.
Main grounds for filing a divorce in India include-
Divorce can be of two types; one is a contested divorce and the other is a mutual consent divorce. In case of a mutually consented divorce, both the husband and the wife are ready to take a divorce while in the case of a contested divorce one of the parties files for a divorce. An ex parte divorce can be granted only in the case of a contested divorce. The term ex parte means without the presence of the other party. In an ex parte divorce proceeding, only one party is present. The other party either refuses to participate or cannot be located. We at www.divorcelawyer.net.in as a team of the best divorce lawyers in India, help our clients in getting a hassle-free divorce.
NRI divorce involves a couple that is living abroad. NRIs have an option to file a divorce either in the country in which they are residing or in India. NRI divorces are quite complex as the parties might face issues in attending the court proceedings. RCIC, a leading law firm in India understands that in such cases time is the essence and the solution must be cost-effective. We keep our client regularly updated with their case and being an international law firm, we have expertise in handling cases across jurisdictions.
While deciding the rights of the child, his welfare must be kept in the mind. It is important to remember that with rights comes responsibilities. So, it is important that the physical custody, visitation rights, financial rights of the child must be wisely settled before going for a divorce. www.divorcelawyer.net.in is a leading law firm in Bhubaneswar , Odisha, it helps it, clients, in dealing with child custody cases efficiently.
Mediation is an out-of-the-court amicable settlement. Many times, the court while dealing with a divorce petition might refer the party to the mediation. Mediation has its own sets of rules and procedures but this process is simpler when compared to the court proceedings. It is true that the mediation is a party-driven process but the parties are not well versed with the fact that what lies in their favour and what are the points on which they must argue. www.divorcelawyer.net.in is the best divorce lawyer in Bhubaneswar, Odisha helps its clients in all sorts of divorce proceedings including mediation and counselling.
Section 498A IPC provides a safeguard to women against acts of cruelty done by the husband and his family. It deals with the violent acts done by the husband and his family on the wife after marriage. This act provides for imprisonment for 3 years along with a fine. Cruelty as per this provision has been widely interpreted and it includes both metals as well as physical cruelty. It also includes any coercive unlawful demands made to her as well as her family. Forcing the woman or creating a situation that forces her to commit suicide also falls under the definition of cruelty. The acts that fall under the definition of cruelty include dowry demands, drinking and beating the wife, mental and physical harassment, causing bodily injuries, etc. www.divorcelawyer.net.in, Best law firm in Delhi helps its clients to deal with all kinds of issues.
The other mode of divorce is contested divorce. This type of divorce is filed when one party is not willing to go for a divorce. www.divorcelawyer.net.in with its legacy provide client-centric solution on divorce issues and is hence known as the best divorce law firm in Bhubaneswar, Odisha.
Divorce is a complicated legal procedure that requires a great deal of paperwork, discussions. and court appearances. Only an experienced divorce lawyer can guarantee that your best interests always safeguarded during the divorce process. At www.divorcelawyer.net.in , we attempt to make divorce less traumatic and hassle-free. We recognize that divorce is a personal subject that must be kept private. It can have a significant impact on the couple’s children, family. and job. Our lawyers are outstanding listeners and suggest solutions that will benefit our clients in the future. We arc professionals in out-of-court settlements such as mediation, conciliation. counselling. and mutual consent divorce. We also excel in litigation involving child custody. marital abuse. dowry ban. maintenance and alimony. and Muslim divorce. among other things. Our team of lawyers has a reputation for offering high-quality legal services. We will preserve your rights and interests as your champion until your divorce is finalized. In your divorce case. our team will fight for the greatest possible conclusion. Our law firm has the experience and understanding to help you through the procedure and decisions that come with a divorce case. Each divorce case in our hands receives client-centred attention. Our firm can help you with child support. divorce. legal concerns, spousal support. and more. Please visit our website to know more about us and how we can assist your friends or family.
We can assist you in defining your objectives, developing a plan, and explaining how our divorce lawyers can help you. Call us right away! You can reach us by contacting +91-9337690179
Firstly, you need to understand her reasons for not agreeing to a mutual divorce. It may be due to emotional reasons. Or is it due to monetary reasons? Besides, you can make her realize how this decision can benefit her. Otherwise, if you want to live separately, a divorce petition is the only way. So, you can file a divorce petition against her if you have a base. Also, you will have to pay maintenance as per the court’s decision. For better assistance, contact Adv. P K GUHA and get the best way out for such issues.
So, it is better to go to a legal expert rather than waste your precious time. Since they can determine the real cause of the issue, if your wife is not ready to dissolve the marriage, you can opt for RCR. So, by filing the file for restitution of conjugal rights, you can ask your wife to live back with you. And, if she disagrees, then you can go for mutual divorce. With the help of legal experts, you can prove your grounds and get the order in your favour. Thus, an expert lawyer can help both parties to agree to a mutual divorce quickly.
There are certain conditions where the wife may or may not claim maintenance after mutual divorce. Like, the wife need not be living separately by mutual consent. And she should not be living in adultery. Also, if she has quit her right to maintenance, she cannot demand it later. Besides, in case of mutual divorce, the wife can claim maintenance as long as she remains unmarried. Or she is incapable of maintaining herself. To better understand your rights, contact Adv. P K GUHA .
Further, in case of mutual divorce, both parties can decide on the alimony or maintenance through their consent. And the amount is determined based on various factors. Such as the responders’ income, their property, etc. In India, a working woman can ask for alimony as well. So, the court considered whether she could support her lifestyle. Also, if she has other sensible demands or dependants, the court may grant her maintenance. Thus, contact the top Delhi lawyer today to better understand your rights in the mutual divorce process.
Yes, it is essential to hire a lawyer for mutual divorce. Also, there are many ups and downs in the case. And in many cases, the settlement is not fair among both parties. Thus, hiring a reliable lawyer who can defend your case and inform you about your rights is vital. Plus, they can help you file related cases like maintenance, child custody, etc. Hence, get in touch with Adv. P K GUHA , as he can effectively deal with such matters efficiently. And guide you about all your rights and intricacies of the case very well.
Divorce is not an easy option. Also, it may require many tough decisions for you to make. Hence, it is more likely that you may complicate the situation. Or it can even go out of control. The process of divorce requires taking many varied decisions and steps. Thus, an expert lawyer is vital for better legal advice. And to help you sort the financial and related matters in mutual consent divorce.
After signing an MOU in mutual consent divorce, you can pay through demand draft (DD) or post-dated cheque. And, you must mention the payment mode details in the MOU. You can hand it over on the final day when the court passes its decision. Also, make sure to get the stamp paper duly signed by the party receiving it. For further details and help, feel free to contact Adv. P K GUHA.
Mutual divorce requires two appearances before the court. Firstly, you will have to record your statement that you agree to the mutual divorce. Then, the court will pass an order providing six months to fix your issues. In case you are not able to resolve your issues within this time. Then, you will appear in court after six months, and the court will grant you a divorce. Also, in some cases, it may take 1-2 months, depending on the situation. So, it’s always better to seek a lawyer’s advice. Hence, contact Adv. Rajkumar Solanki to get effective mutual divorce solutions.
Besides, it is possible to reduce the six months. We call this period the waiver of time or cooling period. So, you will need to apply to waive off the period. And the family court has the option to reduce these six months to as few as 15 days or a month. Also, it may depend on the case type and severity of your case. There can be various factors that may affect your case and take time. Thus, it is better to contact a mutual divorce lawyer in Delhi to ensure a hassle-free process.
However, it is better to divide the amount into two or three instalments. So, you can pay the first half after the first motion. And the other halves after the second motion. You can pay the remaining part after the final decision of dissolution of your marriage. But, it is essential to get signed consent from the other party. If the wife withdraws her consent, you can ask her to return the money. Well, the entire process can be very tiring. Hence, reach Adv. Rajkumar Solanki to understand every tiny detail. He is the best and most reputed mutual consent divorce lawyer in Bhubaneswar.
There are two motions in mutual divorce. Under the first motion, you will have to file the petition in court. Here, both the parties, i.e., husband and wife, give mutual consent for dissolving the marriage. And, under the second motion, both husband and wife confirm their intent to divorce after the cooling-off period. For the second motion, you will appear in court after six months. After this period and hearing with both parties, the court announces the final mutual divorce decree.
Besides, it is better to discuss the future course and child custody in case of mutual divorce. Then you can move ahead with the first motion and record your statement. Also, both parties should be present during both motions as it can be contempt of court. If you cannot appear in court, you can appear through power of attorney. And it should be the family member of the spouse. It is wise to seek a lawyer to ease the mutual consent divorce process.
Alimony in mutual divorce entirely depends on the joint agreement. Also, it relies on the decision of the honourable court. When we consider the case of maintenance, the aim is to seek settlement and come to a mutual consensus. Typically, the wife may get 20%-35% of the husband’s taxable earnings. Also, if the woman is working, she can still file for alimony. But, only if the court realizes that her income is not enough to support her living standard and her demands must be fair. However, if the wife doesn’t want alimony and is ready to waive her rights, you can put it in your petition.
Claiming alimony is one of the fundamental rights that come under divorce laws. But, when any couple files for a mutual consent divorce, this decision depends on their agreement. Also, it is possible that the court may not grant any alimony at all. It depends on the condition and facts of the specific case. And the amount of permanent alimony is entirely the court’s decision based on a few factors. Such as the status and income of the husband, his assets, genuine needs, and earnings of the wife. Hence, the court looks at many facts and proofs to decide whether the alimony is essential.
Here is the list of some standard documents needed for filing a mutual divorce in India:
Besides, it is wise to seek an expert lawyer to avoid missing any detail or papers necessary. Also, the right advice and facts are crucial for filing the petition. So, they can help you prepare it all and escape from last-minute hassles. And, Adv. P K GUHA is a trusted lawyer helping you right from issuing summon to the final court decree. Also, he demands fair mutual divorce fees in Bhubaneswar , Odisha. Hence, hire the best divorce lawyer in Odisha to get helpful divorce solutions.
Firstly, you need to understand her reasons for not agreeing to a mutual divorce. It may be due to emotional reasons. Or is it due to monetary reasons? Besides, you can make her realize how this decision can benefit her. Otherwise, if you want to live separately, a divorce petition is the only way. So, you can file a divorce petition against her if you have a base. Also, you will have to pay maintenance as per the court’s decision. For better assistance, contact Adv. P K GUHA and get the best way out for such issues.
So, it is better to go to a legal expert rather than waste your precious time. Since they can determine the real cause of the issue, if your wife is not ready to dissolve the marriage, you can opt for RCR. So, by filing the file for restitution of conjugal rights, you can ask your wife to live back with you. And, if she disagrees, then you can go for mutual divorce. With the help of legal experts, you can prove your grounds and get the order in your favor. Thus, an expert lawyer can help both parties to agree to a mutual divorce quickly.
In the past, people used to criticize the concept of divorce a lot. But, now the times are changing in India. You don’t need to stay in an unhappy marriage for the sake of society. And you can file for mutual divorce with the consent of your partner. Also, you can easily hire expert divorce lawyers for such cases. They can guide you all through the process and tiny details. So, right from filing the petition to first-second motions and divorce decree, they take care of it. Hence, mutual divorce can work well for you if you abide by all the laws and rules of the court.
Besides, it has become easy to file a mutual divorce in today’s modern and digital age. So, the online mutual divorce process is the fastest way to dissolve your marriage. You need to visit our site and fill out the divorce form. And share your documents and make the first payment. After every motion, you will make the payment. Also, you can quickly pay online through secure payment gateways. Adv. Rajkumar Solanki is a world-class mutual divorce lawyer. And he can help you all through your divorce process. He makes it quick and effortless for you.
You must have a valid reason to end your marriage. So, you can finish it under the judicial separation section10. Or under divorce section 13 and section 13B. Also, as per section 13B, both partners must live separately for at least a year. Besides, ‘living separately’ does not mean living in different places. You may be living under a roof but not as spouses. Hence, you can file for mutual consent divorce when you qualify based on these valid grounds. To better understand these fine points, get in touch with Adv. P K GUHA is one of the best divorce lawyers in Delhi.
Both parties mustn’t wish to carry out the marriage obligation. Also, the parties must not be living as spouses at least for a year. It is crucial because the court won’t go any step further without this. So, any couple cannot file for mutual divorce if they are apart for less than one year. But, you can get six months cooling-off period. So, if you wish to file for divorce before this one year, you can opt for a contested divorce. For example, in some dire cases like torture or other trauma, you can get a divorce within one year. You may have to prove grounds like cruelty, adultery, or unsound mind for such cases. So, you must have a genuine reason.
It is possible that your spouse is not ready to appear in the second motion of mutual Divorce. When mutual Divorce is a concern, any party can withdraw their consent. You cannot force your spouse to take any action. However, if you and your partner had come to an agreement to separate, you can bring a contempt of court action against the wife. And it has been recently allowed by the Odisha high court. If you have already made any payment, you can complain about cheating. Besides, you can file a Divorce petition under Section 13 of the Hindu Marriage Act, 1955.
According to Divorce law, marriage registration is necessary for filing for Divorce. But don’t worry, if you don’t have the registration paper, you can still apply for Divorce in family court. so if you had a marriage based on religious belief and didn’t have the registration paper, you could still apply for Divorce.
Yes, the parents can file for Divorce on behalf of the children. It is common in India that parents don’t want their children to face court. As a parent, you may choose to file for a Divorce if your daughter is also exhibiting abusive behaviour or any other issues. Simply contact a Divorce lawyer to help you put. They will provide you with the right direction.
Basically, a legal notice is sent on behalf of a client by the advocate. Besides, there is no specification in law that a party must send legal notice before filing a Divorce. So, It is optional to send a legal notice. You can ask your lawyer to help you and show you the right path.
Divorce and dissolution of marriage are not the same things. Dissolution is defined as the Act of bringing an end or termination to a legal relationship between two parties. Divorce is a legal process that separates the spouses of a married couple from one another. During the dissolution process, several issues are mutually agreed upon by the parties, including child custody, alimony, property issues, and so forth. In contrast, the court will deal with these issues in the case of Divorce.
There are many factors to consider when deciding whether to end a marriage. A legal separation is when a court order specifies a couple’s duties while they are still living apart despite being legally separated. It is important to note that although the couple lives apart, they are still married. On the other hand, a couple who is divorcing ends their marriage.
The Act of declaring a marriage null and void and declaring the law had never recognized the marriage as a legal union is called annulment. On the other hand, Divorce is a procedure that terminates a marriage.
Yes, NRI can file a Divorce case in India to separate from each other. Both partners will be required to appear with their respective lawyers in the family court during the court proceedings. However, if the couple is living abroad or if one of the spouses is living abroad, they can take the assistance of an attorney.
It is necessary for a husband to file for Divorce in the location where his wife lives if he wishes to Divorce her. The wife can now file a Divorce petition in any of the following jurisdictions after the amendment to the Act in 2002. It is possible for the couple to file the petition for mutual consent from anywhere in India.
It is necessary that you meet the residency requirements of the USA before you can file for Divorce. When you get Divorced in the USA, it is accepted in India. Therefore, you do not need to file for a new Divorce in India. If you live in the USA without a resident permit, you can file a case to get separated in India.
No, it is illegal. It does not matter whether you are living with your wife. As per Section 494 of the Indian Penal Code, if a person marries a second time while their spouse is still alive, they will be considered guilty. The wife can file a complaint under the husband for justice. Contact with a reliable lawyer who can help you to smooth the procedure.
The contested and uncontested Divorce are two different cases. Contested Divorces often involve disagreements between the parties regarding the terms and conditions of the Divorce, custody of the children, or even whether they want a Divorce. The Divorce process is uncontested when spouses agree to the Divorce terms and dissolve their marriage. To obtain rights in an uncontested Divorce, the spouse may file a complaint against the partner.
Yes, you can transfer a Divorce case to another state. But to do that, you have to fill a petition Under Section 25 of CPC (if the case involves civil law, Divorce, or child custody). But if there is involved any criminal activity like domestic violence, then you have to file a transfer petition under section 406 Cr. P.C. Consult with a reliable Divorce lawyer who will help you to transfer your case in the right way. With years of experience in the field, we can ease the process.
Under the Matrimonial law, you can ask for the annulment of marriage. There is no point in carrying a marriage where fraudulent activity is involved. If the responding spouse was already married, you could ask for an annulment of marriage. Besides, there are different types of fraudulent acts that can take place.
It is extremely important that you keep in mind that both parents (whether they are married or not) have parental rights over their children, regardless of whether a court order has been issued or not. so no one has the right to move out with a child without a settlement.
Yes, a judge can dismiss a Divorce case. Dismissal hearings are scheduled court hearings that are scheduled to determine whether dismissal is the best course of action in a Divorce case. Dismissal of the case means that no judgment of Divorce will be entered, and the two parties will remain married. Sometimes, the judge gives more time to the couple for mutual settlement.
Yes, anyone can send the notice of Divorce. There are two main types of Divorce: Divorce by notice and Divorce by consent. The consent of the receiver of the Divorce notice is not required to give Divorce or talaq by notice. Depending on the circumstances, either party may not have the consent of the other party to give Divorce in this case. But if any party disagrees with the other party’s decision, he or she can go to court.
If you have not met or seen your spouse for more than seven years, the person is presumed dead. If the spouse wants to remarriage, he or she can file for a Divorce. After getting the court confirmation, he or she can marry.
No. But it is possible to dissolve your marriage by mutual consent without finding yourself in the stressful situation of a contested Divorce. An agreement of mutual consent means that both parties consent to end their relationship without a court hearing. Under the Special Marriage Act, a couple can mutually separate from each other. In mutual understanding, the couple decides to agree on child custody and asset division.
No, triple talaq is not considered a way to Divorce the spouse. A Muslim couple who wishes to Divorce must notify their spouse of their intention. If either or both of the spouses want to get Divorced, they can do so either of their own free will or by mutual consent.
Both a man and a woman can get a Divorce by will under the Islamic Marriage Dissolution Act (1939). The law also provides different other rights to a man and a woman in getting a Divorce. Our expert lawyer can help you to get in-depth knowledge.
There different types of agreements took place regarding Divorce settlement calculation. The law stipulates that alimony has to pay 25% of the husband’s normal monthly salary to the wife as a gift.
If it is paid in the form of a lump-sum sum payment, it ranges between one-fifth and one-third of the total income of the husband at the time the marriage was ended.
After getting the Divorce, you can choose your way of living. If the property is registered in the joint name, then both become the property’s equal owner (or according to the registration). Where both parties are co-borrower, the court will distribute the property depending on the contribution.
Yes, a Muslim woman can file a petition for contested Divorce. According to the Dissolution of Muslim Marriages Act of 1939, a married woman can file a petition for Divorce. An individual can file a Divorce petition in the Family Court when one of the parties refuses to consent to a Divorce. Divorces of this kind are referred to as contested Divorces.
Yes, impotence can be a ground for annulment. An annulment means the court will declare the marriage null or invalid.
When a person is incapable of consummating a marriage due to physical or incurable incapacity, they are said to be impotent. An annulment of marriage may be required if permanent and incurable Impotence renders the completion of natural sexual intercourse between the parties practically impossible.
Yes, in India, a couple can remarry after the Divorce. After the decree of Divorce, the court gives 90 days to appeal for both parties. The couple cannot marry within 90 days, according to the law. If neither of the parties has filed an appeal during this period, then either can remarry after the given appeal period is over.
It is not necessary to file an FIR to get a Divorce. But, it is sufficient for a spouse to file for a Divorce when even one FIR is filed against a person because of cruelty against the person.