Clarification on procedure to file for divorce

509 votes

Sir. Marriage hone ek saal baad divorce petition file Kar sakte hai...Fees ka koi criteria nahi hai...According to advicates fees depend karti hai...aap fees one time pay Kar sakte hai ya lump sum bhi payment Kar sakte hai..

Advocate Neeraj Saini LawRato

629 votes

It depends how want to take divorce
...if it's with the mutual consent of both parties then it will take around 6 months and fee from 15 -30 thousands depending upon the advocate and rest is according to the situation

Advocate Parsidh Singh Nain LawRato

716 votes

As per law the prescribed period is 6 months from the date of filing the Divorce Petition. However normally takes between one to years depending on the competency of Advocate. In case of an Advocate whose is not so versed in such matters the time may gone to more than the period as mentioned above, even to decades.
The fees could be on daily basis Or on lump sum basis

Advocate Subhash Prakash LawRato

867 votes

if you and your wife both wants divorce then you can file divorce under mutual consent. In that case there would be only two motions in family court. A Joint petition would be filed by you both only after one year of you marriage and decree would be passed in maximum 6 month.

Advocate Kalyan Singh Ahlawat LawRato

864 votes

Hi. If you both have decided to go ahead with the divorce then before filing a divorce petition you have to show that you both have been living separately for one year or more. Secondly, you have to show that you both have not been able to live together and that you both have mutually agreed that your marriage should be dissolved. For further query you are free to contact me. Regards.

Advocate Vikramaditya LawRato

589 votes

It's simple and involves only 2 process. Ist motion and second motion. You both can opt for a single advocate from both the side. No need to have 2 different lawyers in mutual divorce. It requires 6 months minimum with nominal fee as well. Contact for easiest and fastest process in regard.
Best of luck

Advocate Salil Tripathi LawRato

556 votes

Depends whether you are hindu or muslim.
If hindu, then divorce u/s 13 B will be filed in two motions viz first and second. 6 months after first motion the 13 B (2) is filed and divorcee decree is granted.

Advocate Shadaab Anwar LawRato

652 votes

You both can file a joint petition before the principal judge family court in your jurisdiction in a prescribed format with all required documents. The Hon'ble court will grant first motion divorce and also given a statutory period of 6 month. After passing a 6 months you should have filed another second motion divorce petition with order of first motion petition after taking evidence and satisfaction the Hon'ble court will pass a final judgement and order and also issue a decree of divorce. For that you should engage an expert divorce lawyer for proper petition.

Advocate Harsh Kumar Gautam LawRato

659 votes

You can file first motion petition undersection 13 (1) (a) of Hindu Law for mutual divorce for mutual divorce and in terms of judgment if supreme court immediately after dissolution of first motion you can file one application for waiver of six months period along with second motion petition and court will grant decree of dissolution of marriage.

Advocate Iqbal Ashraf Rahmani LawRato