Can I get divorce legally without going to the court?

297 votes

Divorce, in general sense, is a legal dissolution of the marriage between two parties. The very procedure of getting a divorce by sending a legal notice to your partner or by filing a divorce petition for the same involves all the legalities and is the only way a married couple can terminate their marriage officially. 

A divorce can be initiated by any of the parties as per the grounds provided under the relevant laws prevalent in India. Generally among Hindus, Buddhists, Sikhs, and Jains, Divorce is governed by the Hindu Marriage Act, 1955, for Muslims by the Dissolution of Muslim Marriages Act, 1939, for Parsis by the Parsi Marriage and Divorce Act, 1936 and for Christians it is governed by the Indian Divorce Act, 1869.
 

Ways through which one can get Divorced in India

In the case where both of you agree to get a divorce in order to terminate the marriage, you need to opt for a Divorce by Mutual Consent. And on the contrary, if it is just one of you who wants to dissolve the marriage, by the way of a divorce, and not the other one, you can go for a Contested Divorce. 
 

Procedure for getting Divorce in India 

There is a well-defined procedure for filing for divorce and legal termination of a marriage. 
First of all, you can send a legal notice seeking a divorce to the other party communicating your intention to commence legal proceedings against the other party to a divorce. A legal notice is a formal notice sent by one person to the other, warning the other person before initiating any legal action against him/her. 

A legal notice can be the last resort of settlement between the husband and wife and one last chance to decide if they want to opt-out of their marriage or not. Once both parties are assured that they want to dissolve their marriage, they can file for divorce.

In the case of Divorce by Mutual Consent, the procedure to file for a divorce involves steps such as:

1. Filing for a Joint Petition

2. Appearance for the Second Session

3. Divorce is granted by the Court
    

In the case of Contested Divorce, the procedure to be followed for filing for divorce includes steps such as:

1. Filing of a Petition

2. Scrutiny of the Petition by the Court

3. Appearance of the opposite party in the Court

4. Direction for mediation and framing of issues by the Court 

5. Final decision by the Court
    

You might also need a list of documents to file for divorce like address proof, identity proof, etc.  and to proceed with all the formalities in getting your marriage terminated legally.
 

Conditions one must fulfill to file for Divorce in India

However, there are a few conditions one should fulfill, according to Section 13 of the Hindu Marriage Act, 1955, in order to file for a divorce. Those conditions are:

1. the husband and the wife have been living separately for a period extending to a year or more. 

2. the spouses are unable to live together.

3. both the husband and wife or either of them have agreed to the fact that the marriage has totally collapsed and therefore it needs to be dissolved. 
    

In short, you cannot get divorced in any other manner than by following the legal procedure for the same. For a married couple to terminate their marriage legally, it is mandatory to go to the Court and follow all the predefined procedure for the same. 

The procedure for divorce in India is governed by various laws and Acts, which makes it necessary for the couple seeking a divorce to meet all the legal requirements (including a visit to the Court) in order to legally dissolve their marriage. 
 

How can a Lawyer help you in getting Divorce?

It is always advisable to seek the right legal advice from an experienced lawyer before arriving at any legal conclusion so as to yield desired results. Divorce is often an emotionally and financially draining time for a married couple. However, a qualified divorce lawyer can help make the process easier. An experienced lawyer who is expert in handling divorce cases can help you draft an appropriate legal notice to be sent for divorce and also in other matters related to divorce such as explaining the grounds for divorce, accounting for marital assets, explaining property division after divorce, guidance in custody plans and much more. 

LawRato LawRato

908 votes

No. A legal divorce can be effected only from the concerned court of law by following the due procedures under the concerned Act as applicable depending on the person's personal law and the Family Court's Act, from the court having the competent jurisdiction.

Advocate Beena Menon LawRato

715 votes

Dear client only court has power to grant divorce. So u have to take divorce from court. If u both r ready for divorce then u can file mutual divorce and will get divorce in six months. Mutual divorce is easy way to get divorce. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

653 votes

No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.

Advocate Aniruddha Prabhatkumar Pawse LawRato

466 votes

Both parties must sign all paperwork and agree to the terms of the divorce if it is mutual. If the divorce isn't mutual, the petition must be filed by one party and served to the other.

Advocate Chikirsha Mohanty LawRato