The procedure for divorce in India is made easy and simple. Although, divorce is never a part of the plan, unfortunately bearing this stress becomes essential. Still, it is possible to make it less stressful for you.
There are several grounds that you need to consider before filing for a divorce in India. Besides this, you must try to reconcile and reconsider rather than thoughtlessly running into it. In order words, the legal procedure for dissolution of marriage should be initiated with full consciousness.
Mutual divorce is a less-stressful method to part-ways legally. In addition, seeking a one-sided Divorce in India is also possible, it’s just a need to walk onto the right steps. Besides this, you can opt for an online medium. With this, you can resolve divorce procedures more conveniently. If you need a solution for filing for a divorce in India, follow along.
What are The Grounds for Filing a Divorce in India? To move forward with the procedure for divorce in India, you need to know what are the possible grounds to file for divorce. According to the Hindu Marriage Act, of 1955, explains you can file for a mutual or contested divorce based on the grounds discussed below;
Grounds for Filing for A Contested Divorce
Adultery
Religion conversion
Cruelty
Mental disorders
Desertion
Leprosy or any communicable diseases
Renunciation of the world
Spouses do not herd of
Grounds for Filing for A Mutual Divorce
If both parties agree to legally dissolve their marriage, they just need to mutually agree that they cannot live together. They should fulfill the criteria that they are living separately for two years or more and seek a divorce.
Other Grounds for The Wife to File for a Divorce
If the husband has been guilty of rape, bestiality, or sodomy.
If her marriage was not solemnized or weather consummated before she attains 15 years of age. Or she has repudiated after attaining 15 years but before 18 years of age.
Before the commencement of the act If marriage was solemnized but the husband got married again even though the wife he had married to was still alive.
Things to Consider Before Moving to Court for Your Divorce In India marriage is not considered concerned with two people only but with two families. Hence, before stepping impulsively with this decision from a husband or a wife, it is important to discuss a few things.
Here is a list of the things that one should consider before filing for a divorce.
Make sure you do not impulsively jump to file for a divorce. Always try for the multiple reconciliation steps. Ignoring this will destroy the remaining hopes for saving the marriage.
Unfortunately, if you find there is no scope left to save your marriage the best option is to seek a mutual divorce. These are less time-taking and couples can peacefully part ways.
In a situation when your spouse does not want to divorce you, such a case you choose to file for a One-sided Divorce in India. Hence, you need to satisfy any one of the strong divorce grounds to file your petition for a contested divorce. For that, you need to have serious pieces of evidence that support it.
Although, in later phases, it becomes the duty of the petitioner to make the court understand if there are any other grounds required for it. For example, if you are filing for a divorce considering cruelty as a ground for divorce, firstly you need to clarify whether it is mental cruelty or physical cruelty, then you need to provide strong pieces of evidence supporting it.
You must keep in mind that moving for a mutual divorce consumes comparatively less time than the time required for executing procedures for a contested divorce.
Divorce is always accompanied by financial risk. You need to be prepared in advance to manage your finances and arrange the fees for the divorce lawyers . Usually, the fees increase if the case gets complex.
It is also important for couples to prepare for child custody if they have one or more. In other words, talking in advance about custody is necessary as these things put a serious impact on the lives of children. Although it is unavoidable when parents are divorcing but needs to be considered for the welfare of the child.
What are The Requirements for Divorce in India? Want to know how to file a Divorce? You need to understand there are a few criteria for filing for a divorce in India, and some of them may vary depending on the state you live in. Check the list of the requirements discussed here for proceeding with divorce in India.
Residential requirements You need to make sure you are residing in that state for the last three months where you are filing for a divorce and that state should be where you were married. Some of the requirements vary from state to state so make sure you check them.
Waiting time Divorce does not get finalized the very next moment you file a petition seeking a divorce from your spouse. The procedure for divorce in India always takes time. This often varies based on the crucial component of divorce such as; if children are minors to let the couple act maturely and reach a settlement if possible.
Divorce grounds Neither of the spouses is blamed for seeking a divorce. No-fault divorce grounds are applicable in most cases. But sometimes if adultery or imprisonment, legal separation due to inhuman behavior, or abandonment are considered grounds for divorce then you must provide relevant shreds of evidence supporting the claims.
Steps to File A Divorce in India Want to know How to file divorce online in India and the correct sequence of the process that one should follow? You need to specify whether you want to move further for a mutual divorce or a contested one. Here we have enlisted the order of steps you need to follow for them.
Steps to File for Mutual Divorce in India Step-1 Draft and file for a petition to respective lawyers before the family court seeking a divorce with a reason on which both the parties mutually agree.
Step-2 Once the court completes the examination of procedures and the associated documents it will pass an order to record the statement for an oath from both parties. (After this the court provides a cooling period for at least six months so that the couple will reconcile.)
Step-3 Court re-examines the document, tries, reconciles, and records statements and if no reconciliation is found it passes an order for the final hearing.
Step-4 Court passes the order for the divorce decree, hence the dissolution of the marriage.
Steps to File For a Contested Divorce in India Step-1 Draft and file the petition seeking a one-sided divorce in India by attaching all the documents supporting your grounds for considering the dissolution of marriage.
Step-2 Court examines the petition and passes an order for the other party to appear before the court for the legal proceedings.
Step-3 Court gives some time in the hope to reconcile, if possible. If it fails then, it continues its proceeding further.
Step-4 Court decides a date to record the statement from both the parties and the final agreement.
Step-5 Court decides on a fixed date for passing the verdict of divorce judgment resulting in the dissolution of the marriage legally.
FAQs
Ans: The schedule of the court and the complexity of the case varies the procedure for Divorce in India. The minimum time is from six months to a year. The legal dissolution of the marriage occurs when the judge signs the divorce judgment or decree of divorce with a list of the details.
Ans: An individual can apply for a one-sided divorce in India by filing a petition for the same. The petition must involve the shreds of evidence supporting the grounds of divorce to proceed with the legal procedures.
Ans: One-sided Divorce in India often takes a longer time to reach the final judgment. On average, it takes 3 to 5 years as one can challenge the decision of the court.
Ans: According to the Hindu marriage act 1955, section 13B, the minimum separation period required for filing a divorce in India is at least a year.
Ans: Whether you seek mutual or One-sided Divorce in India, you can choose to proceed with it online. You need to follow the appropriate steps once you have created your account to file for divorce to get it done with zero interruptions.
Gather the information and enter it.
Review the information carefully before signing the forms
File your signed forms
Get the divorce paperwork done from your spouse’s end.
Judicial review time
Wait to receive the final divorce judgment.
