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Hi, dear readers! I’m sure you are here because you want some guidance on how to file for divorce in India. Divorce is not an easy decision to make, and it can be a stressful and painful process. But sometimes, it is the only option left when a marriage breaks down irretrievably.

If you are in such a situation, you might be wondering how to go about filing for divorce in India. What are the legal requirements? What are the documents you need? What are the steps involved? How long does it take? How much does it cost?

Don’t worry, I’m here to help you out. In this blog post, I will explain the divorce procedure in India in a simple and easy way. I will also share some tips and resources that will make your divorce process smoother and faster.

So, let’s get started!

Types of Divorce in India

Before we dive into the details of how to file for divorce in India, let’s first understand the types of divorce available in India.

In India, there are two types of divorce: divorce by mutual consent and divorce without mutual consent.

Divorce by Mutual Consent

Divorce by mutual consent is when both the spouses agree to end their marriage amicably and peacefully. They do not have to prove any fault or wrongdoing of the other spouse. They just have to show that they have been living separately for at least one year and that they have mutually agreed to dissolve their marriage.

Divorce by mutual consent is the easiest and fastest way to get a divorce in India. It is also cheaper and less stressful than a contested divorce.

Divorce without Mutual Consent

Divorce without mutual consent is when one spouse files for divorce without the consent of the other spouse. This is also known as a contested divorce. In this case, the spouse who files for divorce has to prove that the other spouse has committed some fault or wrongdoing that makes the marriage impossible to continue.

Some of the common grounds for a contested divorce are:

Adultery

Cruelty

Desertion

Conversion

Insanity

Leprosy

Venereal disease

Renunciation

Presumption of death

Divorce without mutual consent is more complicated and time-consuming than a mutual consent divorce. It is also more expensive and stressful as it involves a lot of litigation and evidence.

Divorce Procedure in India

Now that you know the types of divorce in India, let’s see how to file for divorce in India.

The divorce procedure in India varies depending on whether you opt for a mutual consent divorce or a contested divorce.

Divorce Procedure for Mutual Consent Divorce

The divorce procedure for mutual consent divorce is as follows:

Step 1: Filing of a petition

The first step is to file a joint petition for dissolution of marriage in the family court of your jurisdiction. The petition must be signed by both the spouses and accompanied by an affidavit from both parties. The petition must include details such as:

The name of the parties

The date and place of marriage

The address of residence

• The grounds for divorce
• The arrangements for child custody, maintenance and property division

Step 2: Appearing before the court

The next step is to appear before the family court with your respective lawyers. The court will scrutinize your petition and documents and verify your statements. The court will also try to reconcile you and your spouse and persuade you to reconsider your decision.

Step 3: First motion

If the court is satisfied with your petition and documents, it will pass an order of first motion. This means that the court has accepted your petition and given you six months to rethink your decision.

Step 4: Second motion

After six months, if you and your spouse still want to go ahead with the divorce, you have to file another petition for second motion. This petition must be filed within 18 months from the date of first motion. You have to again appear before the court and confirm your statements.

Step 5: Final decree

If the court is convinced that you and your spouse have mutually agreed to dissolve your marriage, it will pass a final decree of divorce. This means that your marriage is legally terminated and you are free to remarry.

The whole process of mutual consent divorce can take anywhere between six months to one year, depending on the court’s schedule and your cooperation.

Divorce Procedure for Contested Divorce

The divorce procedure for contested divorce is as follows:

Step 1: Filing of a petition

The first step is to file a petition for divorce in the family court of your jurisdiction. The petition must be filed by either the husband or the wife, depending on who is seeking the divorce. The petition must be accompanied by an affidavit and evidence supporting the grounds for divorce. The petition must include details such as:

• The name of the parties
• The date and place of marriage
• The address of residence
• The grounds for divorce
• The relief sought (such as child custody, maintenance, property division, etc.)

Step 2: Service of notice

The next step is to serve a notice of the petition to the other spouse. This can be done by registered post, courier, or personal delivery. The other spouse has to respond to the notice within a specified time limit, usually 30 days.

Step 3: Filing of a written statement

The other spouse has to file a written statement in response to the petition. The written statement must either admit or deny the allegations made in the petition. The written statement must also state the counter-claims or defenses of the other spouse.

Step 4: Framing of issues

After the exchange of written statements, the court will frame the issues that need to be decided in the case. The issues are based on the points of dispute between the parties.

Step 5: Discovery and inspection

Before the trial begins, both the parties have to disclose and inspect each other’s documents and evidence. This is done to ensure that both the parties have access to all the relevant information and to avoid any surprises during the trial.

Step 6: Trial

The trial is the stage where both the parties present their arguments and evidence before the court. The court will examine and cross-examine the witnesses and documents produced by both the parties. The court will also hear the arguments of both the lawyers.

Step 7: Final decree

After hearing both the parties, the court will pass a final decree of divorce. The court will decide whether to grant or deny the divorce and on what terms and conditions. The court will also decide on the matters of child custody, maintenance, property division, etc.

The whole process of contested divorce can take anywhere between one year to several years, depending on the complexity of the case and the backlog of the court.

Documents Required for Divorce in India

The documents required for divorce in India depend on whether you opt for a mutual consent divorce or a contested divorce.

Documents Required for Mutual Consent Divorce

The documents required for mutual consent divorce are:

• Marriage certificate
• Address proof of both spouses
• Income tax returns of both spouses
• Passport size photographs of both spouses
• Proof of separation (such as rent agreement, utility bills, etc.)
• Proof of mutual consent (such as email, SMS, letter, etc.)
• Affidavit from both spouses stating their consent for divorce

Documents Required for Contested Divorce

The documents required for contested divorce are:

• Marriage certificate
• Address proof of both spouses

• Income tax returns of both spouses
• Passport size photographs of both spouses
• Proof of grounds for divorce (such as medical reports, police complaints, bank statements, etc.)
• Affidavit from petitioner stating the grounds for divorce

Tips and Resources for Divorce in India

Here are some tips and resources that will help you with your divorce process in India:

• Hire a good lawyer: A good lawyer can make a huge difference in your divorce case. A good lawyer can guide you through the legal formalities, protect your rights and interests, negotiate with your spouse’s lawyer, and represent you in court. You can find a good lawyer online or through referrals from friends or family.
• Be prepared: Before you file for divorce, make sure you have all your documents and evidence ready. You should also be mentally and emotionally prepared for the challenges and consequences of divorce. You should also have a clear idea of what you want from the divorce and what you are willing to compromise on.
• Be cooperative: Whether you opt for a mutual consent divorce or a contested divorce, you should try to be cooperative with your spouse and your lawyer. You should avoid unnecessary conflicts and arguments that can delay or complicate your divorce process. You should also respect the court’s orders and directions.
• Seek support: Divorce can be a traumatic and stressful experience. You should not hesitate to seek support from your friends, family, or professional counselors. You should also take care of your physical and mental health during this difficult time.
• Know your rights: As a spouse seeking divorce, you should know your rights and obligations under the law. You should also know about the various reliefs and remedies available to you in case of any dispute or difficulty. You should also be aware of the legal consequences of divorce on your personal and financial status.