Contested Divorce procedure and expenses?
Answers (4)
Your query lacks material information however as per information provided it is suggest that contested divorce usually took 3-4 years depends on location.
Expenses differ based on location as well as lawyer.
Provide complete detail such as your relevancy with query, husband or wife, location, stage of case, other litigation etc.
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To answer in proper manner, one need to know (a) what attempt was made to initiate the divorce (b) religion of yours and your spouse.
I understand it in two way, one, you have contacted a lawyer and sought consultation/advice and sent a notice. While as secondly, you got filed a divorce petition before the court of law. In case you have taken only advice and/or sent a notice, nothing to worry a divorce petition can easily be filed.
If you have already filed a divorce petition and it has been dismissed as default (in layman language, it was dismissed for non persuasion or non-appearance before the court where it was pending). If so, it can be restored within 30 from the date of dismissal. In case, 30 days have already been passed, the delay can be condoned subject to justified ground explaining the reason for non-appearance. In case the time had hopelessly passed, a divorce petition can be filed de novo and in that an event, the copy of the previously filed petition will be required to raise similar allegations and fresh incidents/allegation which took place after the filing of the previous petition. Due caution has to be taken as there must be no contradiction between both of the petitions. The contradiction will definitely be fatal for the case.
This opinion is if you are a Hindu and married to a Hindu, and based on Hindu Marriage Act. In case any of you is not Hindu the opinion can be changed. I hope I have answered your question.
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