Legal Procedure for Contested Divorce - B&B Associates LLP

Legal Procedure for Contested Divorce - Weakening of the marital bond is resulting in divorce at the end. Some may consider it to be a degrading element for Indian culture. But if a marriage is encountering any kind of physical or mental distress, taking the help of best divorce lawyer is needed then. Whether it is a consent divorce or a contested one, legal help is necessary. We are going to guide you here with the legal procedure of contested divorce. 

Most probably these matrimonial disputes will be contested one i.e., there is no mutual consent. Divorce by mutual consent is little easier in comparison to the legal procedure for a contested divorce. Because this is going to take lesser time as both the parties agree to dissolve the marriage. But most of the times, there is no mutual consent. In that case, you will need to hire a seasoned family lawyer for divorce matter proceedings. 

There must be many ambiguities arising in your mind like how long does a contested divorce take, contested divorce cost in India, the pros and cons of a contested divorce, etc. All these questions must be disturbing you. Therefore try to research well beforehand to find the best lawyer who is well practiced in the family court divorce procedure. 

Contested Divorce Procedure in India

There are many females who are restraining themselves from raising the voice due to societal pressure. And forget that only women are the sufferers in all divorce cases. There are cases reported where males are being harassed. For that matter, not only the Hindu Marriage Act divorce procedure but all religions are making better amendments to implement the law and order for the safeguard of all citizens. Further mentioned is the contested divorce process in India, go through it.

Find the Best Divorce Lawyer

The very first and important step in getting a contested divorce in India is to find a distinguished divorce lawyer carrying an illustrious record in the field.

Guidance

The efficient divorce advocate will guide you further for mediation, dispute settlement, or divorce. If there is any chance of resolution of the dispute, you will get an insight.

Documents Required

Collecting all required documents for a contested divorce is the next step. You can call it a discovery step where you need to have 

• Marriage certificate.
• Address of matrimonial home.
• Passport size marriage photographs. 
• Address of proof of wife and husband. 
• Evidence for the ground of divorce.
• Salary details of both the spouse. 

Filing of Divorce petition

Then the next step would be petition filing in the family court. In order to file the divorce petition, both the spouses need to be separated at least for a year. Following can be the grounds of filing the divorce petition, check them out. 

• Adultery.
• Mental disorder.
• Communicable diseases.
• Desertion.
• Presumption death.
• Conversion.
• Cruelty.
• Renunciation of the world.

Other than them, there can be some other justifiable reason too. So be prepared with the logical reason behind your decision.

Notice to the Spouse

Then the court where you have filed your petition will check the merits of the case and then work accordingly. Then the notice will be served to the opposing party through the court.

Petition Response

This is the time for the reaction of the opposing party after receiving the legal notice. The opposing party will file a response to the grounds of divorce. 

Trial

Finally, the actual process starts at the trial stage. The matter will be discussed in the family court with reasons to contest a divorce, evidence, and witnesses. The judge will hear both the sides and then whichever the judiciary find right and justifiable one, the case will be in their favor. And if the matter also includes child custody, then a proficient child custody lawyer who is well versed to all the family matter laws can help you better.

Interim Temporary Orders

In a contested divorce matter, most probably there are maintenance or child custody issues. The court will issue temporary orders till whole the matter is thoroughly examined. And in case of child custody divorce cases, the interest of the child is given the first preference. 

Final Order

And finally, when all the required evidence and documents satisfy the judiciary well, the court will release its final order. And then further it’s the choice of any of the spouse if they want to challenge the decision with an appeal.

So this is the most common procedure for a contested divorce. There is some easy way to get a divorce in India and one most popular among all them is mutual consent divorce. Try to research well about the most accomplished divorce advocate who can represent you efficiently in the court.