Divorce is the legal process of ending a marriage by filing a petition in court. When a court grants the divorce, the marital relationship between the couple end officially. There is a process in it. When the process begins in family court the court examines different reasons, angles, grounds like cruelty, adultery, mutual consent. Divorce is governed by different personal laws based on religions like Hindu, Muslim, Parsi, Christian laws. The court examines evidence, hears both sides and grants the divorce if all requirements are fulfilled according to law.
Now let us discuss about the detail procedure
Here is a step by step explanation of the process.
Types of Divorce in India
In India divorce can be broadly categorized into two types
- Mutual Consent: As the name suggests both husband and wife agree to end the marriage. They jointly apply and decide to separate permanently through legal process. This type of divorce usually very faster and less complicated.
- Contested Divorce: When any of the married partner files for divorce and the other one does not agree, it becomes a contested divorce. After lots of arguments from both sides the court will decide the outcome.
What are the grounds for Divorce?
The reasons for seeking divorce may vary according to religions but there may be some common grounds which we will discuss below:
- Adultery: Cheating in the marriage
- Cruelty: Physical or mental abuse by either of the partner
- Impotency: One of the partners is unable to have sexual relation due to impotency.
- Irretrievable Relationship: When the couple cannot live together anymore.
- Mental issues: Due to severe mental disorder making it impossible to live together.
Now we will check what the main are Steps:
1. First you have to file a divorce petition
First step is to file a divorce petition by both or any one of the spouse in the appropriate family court. It includes details like marriage date, reasons for divorce and supporting documents.
2. Court Hearing
For mutual consent divorce the court gives a date for both parties to appear before the court to give confirmation for smooth divorce. For contested case both spouse present their argument and evidence before the judge.
3. Counseling
In many cases court suggest counseling to help eh couple for reconcile especially if kids are involved.
4. Examination of evidence
Court examines the entire document submitted and hears witness if required.
5. Final Judgment
Once the court is satisfied that the marriage cannot continue, it passes a decree on divorce.
Child Custody
Courts focus on what is best for the child when deciding the custody. The options are :
Joint custody: Both parents share the custody.
Sole Custody : One parent has full custody and the other may get to meet in some fixed timing .
Property and Asset:
It’s properly distributed among spouses. Court considers factors like financial status, children needs.
Time taken for divorce
In case of mutual consent it might take from 6 to 18 months including 6 months cooling off periods.
Contested Divorce
It might take several years depending on the complexity of the case.
Documents Required
- Marriage certificate
- Identity Proof (Pan or aadhaar)
- Evidence Supporting the divorce
- Financial statements
Legal Aid
If someone can’t afford a lawyer legal aid is available through various organizations and the government.
