How to get divorce without attendance of spouse

725 votes

Thank you for reaching out. I understand the frustration and financial strain you're facing with the ongoing divorce case. Since the opposite party has not been cooperating, there are a few strategies we can explore to expedite the process and minimize costs. Here are some steps we could consider: 1. Filing for Case Status Change: We can petition the court to push for stricter deadlines or impose consequences for non-cooperation. Courts often take notice when a party intentionally delays the proceedings. 2. Alternative Dispute Resolution: I recommend exploring mediation or arbitration. These methods can sometimes resolve issues faster and more affordably than going through extended court proceedings. 3. Fee Waivers or Legal Aid Options: If financial constraints are pressing, I can help look into fee waivers or possible legal aid services that may be available, depending on your circumstances. 4. Discussing Essential Motions Only: We can strategically focus on filing only the most necessary motions to reduce costs without compromising your daughter's interests. Please let me know if you'd like to discuss these options further, and we’ll tailor the approach to your situation.

Advocate Kiran Ashok Gangurde LawRato

791 votes

If the divorce case has been ongoing for over a year and the opposite party is not cooperating, you can request the court to expedite the process. You may file an application under Order 9 Rule 12 of the CPC to proceed with the case ex parte if the other party is delaying or not appearing. If finances are an issue, you could also explore legal aid services provided by the state, which can help reduce legal costs. If the court finds the other party intentionally delaying the process, they might pass orders in your favor without the other party’s cooperation. Keep all documents and records updated, and speak with your advocate about cost-effective legal strategies.

Advocate Muzammil Shaikh LawRato

628 votes

Well, you can file an Application to expedite your case, each and every time, if you see that the case is going slow due to non appearance of opposite side or for any other issues. If oposite party is not appearing along with his Advocate, you can file an Expartee Applocation to get an Expartee Order.

Advocate Pankaj Bajaj LawRato