Want to file for divorce. What would be the procedure for that?

869 votes

To file a petition for divorce, few things have to be taken into account. In case both the parties are ready and willing to get separated than a petition is to be filed which would b supported by the affidavits of both the parties. In such a case, the parties will have to show that they are living separately may b under the same roof but not into any relationship since one year. A decree of divorce can be granted by the court within a period of over 7 months. In case of a contested case of divorce alledging cruelty etc., against your partner, a petition is to b filed in the court. However, in such kind of a divorce, the disposal would take a longer time as compared to the one under mutual consent.

Advocate Jiwan Pal Singh LawRato

637 votes

I am assuming that Hindu law would apply to your marriage. If you and your spouse have both agreed to get divorced then you could go in for a divorce by mutual consent.

This is an expedited process and can be competed in six months. You should set out your financial duties towards each other and the terms of custody and/or visitation if children are involved.

If both parties have not agreed for a divorce then you would have to file contested divorce proceedings on grounds such as cruelty.

LawRato LawRato

926 votes

Dear client , there are many grounds on which divorce can b claimed. Such as cruelty , unnatural demands , ur partner suffering from some veneral disease . You may also demand divorce on the ground that now it is impossible to stay together due to irreconcilable differences between you and your partner. You can contest divorce or ask for mutual it totally depends . The procedure for mutual is different and contesting divorce is different

LawRato LawRato