What is the procedure for filling divorce?

703 votes

There are four types of Petition through which one can approach a family court against the other spouse. 1. Contesting divorce Petition, (2) Petition for Judicial Separation, (3) Petition seeking restitution of Conjugal rights and (4) Mutual Divorce Petition where by both the spouse approaching the family court together seeking divorce mutually without any sort of allegations.

Advocate Jagadish N LawRato

683 votes

The law on divorce is unique to every religion and the procedure varies from state to state, and it will depend on the state in which the procedure is to be carried out. In some cases, even counselling, pre-litigation and mediation will be helpful. In order to explain the procedure for filing a Divorce Petition, I will need more information: (1) What is the reason for divorce?; (2) is it mutual? (3) any children? (4) any allegations against the party to be divorced? (adultery, cheating, change of religion etc. (5) which religion do both the parties belong to? (This is will help determine which law will apply – Hindu Marriage Act, Divorce Act, Special Marriage Act etc.); (6) which city are the parties residing in? (to determine the procedure). If the divorce case is to be filed on grounds such as adultery, cheating etc., then the time will be considerably longer than that of a divorce by mutual consent/ mediation. Please note that my legal advice is not final and without looking at the relevant documents and without obtaining further information from you, I cannot give a complete solution. For further clarifications, please contact me through www.lawrato.com

LawRato LawRato

696 votes

If it is with consent, need to engage a lawyer and file a petition.

even otherwise, you can file on your own, by urging the grounds available, on the basis of the facts before a family court.

it would be advisable to engage a counsel of your choice to guide you.

Advocate Girish Kodgi LawRato