Marriage is predominantly an institution in which one enters into by their own choice and not by virtue of his/her birth. Due to this, there can be instances when the choices do not turn out the way they are expected to be.
Then how can a person break free from this marital relationship? It is by the process of Divorce. Divorce, further can be taken either by Mutual consent of both the parties or by Contesting the same by their assigned divorce lawyer in the court of law (also known as Contested Divorce).
When the matrimonial dispute leads to separation and the wish to divorce, it brings with it many legal complications. Various litigation come into picture including civil and criminal. A divorce case also encompasses several other laws such as Child Custody Law, Laws of Domestic Violence, Law of Annulment of Marriage, Laws of Dowry Prohibition, and several others. Since there are so many things involved, it is important to consult a divorce attorney who has a thorough understanding of the legal process. The right divorce lawyer can make the entire process relatively very easy for you. Without a good attorney the things may become more complicated and tangled.
The process of divorce starts with filing of the divorce petition by divorce lawyer in Delhi of one spouse (known as petitioner) and served upon the other spouse (known as respondent). Such petition must necessarily file in the High Court of the state where either of the spouses resides in. Hence, the place of marriage does not have any importance.
Mutual Consent Divorce in Delhi
This is the easiest form of divorce. In this case the estranged spouses mutually agree to getting separated by filing “no fault divorce” petition. However, for filing this kind of petition, both the husband and wife have to live separately for at least 12 months.
Both the partners file the First Motion Petition (the Mutual Consent Divorce). A gap of at least six months is necessary before the filing of the Second Motion Petition.
However if the petition for divorce is withdrawn by either of the party within eighteen months of the filing of the First Motion Petition, then the Court cannot pass a divorce decree.
Contested Divorce in Delhi
In the contested divorce case, the spouses do not agree even on the issues on which the divorce is sought for. In contested divorce, the divorce petition is filed by divorce advocates in the concerned court. Rather they end up in the court asking the judge to take decisions for them. Due to this the divorce proceedings take very long time to get completed. Generally there is disagreement on issues like the child custody, division of marital assets. Some of the instances where divorce decree can be obtained by contesting in the court of law are Cruelty (both physical and mental), Desertion (for a period varying from 2 to 3 years), Unsoundness of mind (amounting to it being incurable), Renouncing the world, Impotency etc. The case needs to be filed by divorce lawyers in proper jurisdiction with support of evidences and documents.
To obtain a contested divorce, proof of fault of one party or the guilty conduct of such party along with the innocence of the other party is to be shown.
The role of attorney differs with the kind of divorce. In case of uncontested divorce (the Mutual consent divorce) the services of the attorney is limited to filing the divorce papers and represent the client during court hearing. However, the role of divorce attorney in Delhi in contested divorce is complex and needs a seasoned player. The role starts with filing of the divorce papers, representing the client in court. The contested divorce generally gets delayed due to litigation and thus it becomes the responsibility of the divorce attorney in Delhi to sort out the case as soon as possible with the desirable outcome.
We are the Law Firm with our operations in Delhi. We have the best divorce lawyers for various divorce related procedures. Lawyers at our law firm have immense experience in the family law. Our lawyers are highly experienced and have already successfully handled lots of divorce cases. They have deep insight into the laws governing the divorce. Whether you wish to file the divorce petition, maintenance case, domestic violence case, mutual divorce petition, contested divorce petition or any other proceedings related to matrimonial laws our divorce lawyers will take care of it all.
In Delhi, all the 6 district courts handle the family cases and proceedings. They are at Karkardooma, Dwarka, Saket, Tis Hazari, Patiala House, and Rohini. We have our lawyers functional in all these courts. You can file the divorce case in one of these Family Courts depending upon your current address or residence, permanent matrimonial home of the concerned parties or the place of marriage.
At G.S. Bagga & Associates, all the documents pertaining to marital assets, matters related to the children and any other issues of importance are gathered by the experienced lawyers.
The attorney files the divorce petition with the court and the same is served upon the respondent, the other party. During the divorce process, the attorney at G.S. Bagga & Associates files a discovery motion to collect the evidences from your spouse. The Discovery motion includes all the information of your spouse in respect of the tax returns, the credit card bills, the property documents, the earning statements. These documents help in calculating the amount of spousal support or / and the child support that you may contest for after getting the divorce decree. It also helps the attorney for claiming the division of the assets and the debts, if any, of your spouse
Important Things To Remember While Filing Divorce Petition
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