Divorce

Contested Divorce

Terminating a marriage is one of the toughest and testing decisions in an individual& life which must be dealt with proper caution. When tough situations in a marriage are not resolved can turn down the marriage leading to divorces. There are several reasons or grounds divorces, from cruelty, adultery to being subject to grave mental harassment and desertion. Divorces can be mutual with consent of both the spouses as well as contested. This Article deals with contested divorce and explains the process of the contested divorce. The Article also gives a fair idea on the grounds available on which contested divorce can be filed.

Requisite Documents

In order to initiate the process of divorce, certain documents are typically required. The following are some of the requisite documents commonly requested:

Marriage Certificate: This document serves as proof of the legal marriage between the husband and wife. It contains details such as the date, place, and solemnizing authority of the marriage. The marriage certificate is essential as it establishes the existence of a valid marriage.
Photographs of Marriage: Including photographs of the wedding ceremony and subsequent events can help substantiate the marital relationship. These photographs act as visual evidence to demonstrate that a marriage indeed took place between the two individuals.
Aadhaar Card (Identification Card) of Husband and Wife: Aadhaar cards, issued by the Unique Identification Authority of India (UIDAI), serve as identification documents in India. Submitting the Aadhaar cards of both the husband and wife is necessary to establish their identities and marital status.
Evidence of Failed Attempts at Reconciliation: In certain jurisdictions, it may be required to provide evidence of unsuccessful attempts made by the spouses to reconcile their differences and save the marriage. This evidence can include communication records, such as emails, text messages, or letters, demonstrating the efforts made by both parties to resolve their issues and salvage the relationship.

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Procedure For Filing Contested Divorce

Gathering documents- before heading for filing a contested divorce one may want to sum up and gather a lot of information as well as documentation for supporting his claims. The documents can include a list of assets, debts or documents related to the child.
Finding an attorney- choosing the best suited lawyer is a crucial part of divorce. One must choose an attorney for their case who has daily presence in the court along with factors while choosing the attorney such as area of practice of the attorney and person of integrity. This helps the divorce petitioner have higher chances of winning his case.
Preparing paperwork and filing- on meeting with the chosen attorney one can start discussing and elaborating the factors and circumstances along with reasons for him or her to file the divorce. One can seek a temporary restraining order in case of any substance abuse or domestic violence. Based on the information given by his client an attorney can start drafting the divorce petition and file it before the court of law which is generally family court in case of divorces.
Service of notice and response- a notice is also served on either spouses before filing the divorce petition on paying the court fees. One serving of the notice, there is a limited period within which a spouse is allowed to respond to the petition filed against them. Generally the period of responding ranges from 21- 30 days.
Discovery- In this phase, information is exchanged between the spouses where marital as well as non-marital assets are disclosed. It includes debt, income, custody of the child and alimony.
Settlement- on having full information on discovery, the court will move for settlement of points of consideration. Unresolved conflicts are reflected in these points concerning the divorce by the parties. The court can also refer to third party negotiation at this stage by mediation.
Trial- 95% of the cases are solved outside the court whereas 5 % go through this stage. The case is presented before the judge by presenting evidence and witness testimony. Issues are determined in the court by the judges where dates for hearing and examining the witnesses is given. Before proceeding for trial, summons are served on the witnesses for attending the court proceedings.
Order/decree and appeal- when issues are solved and concluded based on the arguments and evidence provided by the parties, order is passed or a decree is issued granting the divorce or denying it. An appeal can lie to the high court with jurisdiction over such family court and then to the supreme court from such an order granting the divorce or denial of it.

Mutual Divorce

Mutual Divorce is a legal process for the separation of a married couple in which both the partners are agreed to separate from each other. Mutual understanding of both the partners is very important regarding the custody of the child, maintenance fees & settlement of property and assets.

Important Conditions Before Filing A Mutual Divorce

Living Separately For At least 1 Year: Both the male & female partners must be living separately for at least 1 year. They have to prove themselves in the court that they are living separately & not using their marital rights for at least one year.
No Adjustment Is Possible: They have tried all the ways to live together. But they have realized that they are unable to live together & no adjustment is possible.
Approval Of Both The Partners: The approval of both partners is important for the separation of partners. Both the partners must be ready to separate from each other.

What Is The Procedure To File A Divorce?

1) Filing a petition: The couple needs to file a joint petition in the family court, the petition must state the reasons for separation and agreement on the matters of custody and property. The application requires to be signed by both husband and wife both.
2) Appearance in the court: The couple then needs to appear in the family court, after filing the petition for divorce. Court then decides the date for the hearing of the case.
3) Hearing of the case: When the date of hearing comes both husband and wife need to appear in the family court, and after examining the documents provided by the couple, the court records their statements and try to do one more attempt to solve their conflict, if there is no hope the court decides to start the divorce matter.
4) First motion: Following the hearing of both sides, the first motion is established and the time of 6 months is given to the couple before the second motion is filed. It is required to be filed within 18 months of the filing of the divorce petition.
5) Second motion: If the couple is not ready to live together even after the given time of 6 months. They should oblige for the second motion, in this motion court records the final declaration of the couple, so that the court can conclude the case.
6) Final statement: After deciding and hearing of the parties the court concludes to grant the divorce or not. If the court finds it suitable to provide divorce, the judge will order to dissolve the marriage.

What Are The Advantages Of Mutual Divorce

Time-Saving: You can save a lot of time while filing a mutual consent divorce. It takes around 6-8 months for the mutual divorce of the partners.
Less Stressful: Both of you have agreed to separate from each other & you have no issues related to child custody, property & maintenance fees.
More Economical: You do not have to spend a lot of money on the mutual divorce process. As it is less time consuming & you do not have to spend more money to the lawyers.