Divorce and legal fees in India

Seeking divorce is a hard time for the parties involved. Consulting a lawyer can reduce your stress as he/she will gather details related to the case from you and will also handle all the paperwork giving you enough time for yourself and your family. A skilled lawyer will give you expert guidance to handle your case legally, protect your rights, and reconcile a fair settlement on your behalf. In this article, we will be talking about the fees of divorce lawyers and what are the aspects that impact the lawyer's price.

Cost of Divorce Proceedings in India

There are two types of divorce- 1) Mutual Consent Divorce, (2) Contested Divorce. The cost of the proceeding depends upon the type of divorce chosen. Mutual Consent Divorce is a quicker and more straightforward process. If a couple opts for a mutual consent divorce in India, the cost typically ranges between Rs.15000 to Rs.60000, depending on the lawyer's fees and location. However, a contested divorce, being more complex and time-consuming, can cost significantly more, often starting from Rs.1 lakh and going up to Rs.5 lakh or beyond, depending on the case's duration and intricacies.
 

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Divorce Lawyer Fees

The price of hiring a divorce lawyer can differ according to their expertise, knowledge, reputation, and complexity of the case. In general, a divorce lawyer can charge around INR 10,000 to INR 50,000 per hearing depending upon the experience and knowledge of the lawyer.

Complete Guide to Mutual Divorce

Factors on which a Lawyer's Fee Depends in India

• Nature of Dispute- As discussed above, divorce is of two types- Mutual consent divorce and contested divorce. Mutual consent divorce is cheaper than contested divorce as there are not many formalities involved. On the other hand, contested divorce involves a litigation process in a court of law as it is contested by only one party. This process is time-consuming, pressuring, and highly changeable.

• Experience and hearing in the court- An experienced lawyer will charge based on per appearance in the court. On top of this, he may even charge for each stage of the divorce procedure which includes drafting, sending notice, etc.

• Depends on the Relief framed- The lawyer can ask the fees according to the relief framed like the relief for child custody, maintenance, domestic violence, inheritance, etc. With these reliefs come excessive workload so it is genuine for him to ask for more fees.

• Parties' Financial Status- The lawyer fees also depend upon the financial status of the parties. Many lawyers may charge very less fees to poor clients.

Consult: Top Divorce Lawyers in India

Why are Divorce Cases so Expensive?

• Divorce is costly because of its complex and vigorous nature.

• Divorce is expensive because of its ongoing litigation as lawyers don't tend to resolve the case sooner. They keep on asking for further dates. It is an unwritten rule that the cost of a lawsuit is directly balanced to the time duration of the lawsuit.

• Divorce Fees also vary on the area of the jurisdiction where the case is filed.

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Procedure for Divorce Through Mutual Consent

• Parties aiming for a divorce need to file a petition in the District Court.

• Before filing such a petition the parties should make sure that they are living apart for more than a year.

• The couple should write the reason why they are opting for a divorce in the petition and that it is their mutual consent to dissolve the marriage.

• After the petition is allowed the parties must file the statement.

• Court will give the date i.e., a cooling-off period of 6 months and may be extended to 18 months not more than that for hearing the parties.

• If the case is pulled out or the parties fail to appear on the given date then the petition will be canceled.

• It is only when the Court hears the parties that it may pass a decree of divorce.

Complete Guide to Mutual Divorce

Procedure for Contested Divorce

• The divorce petition is to be filed by the party who is willing to get a divorce.

• Summons issued by the Court to the other party.

• As soon as the other party receives the summon they should file the reply.

• The court may advise reconciliation.

• The stage of examination commences

• Evidence to be shown.

• Final contentions are to be given by the counsel of both parties.

• The decree of divorce is passed by the Court.

Requirement of Documents

The Court may ask for:

• Husband and wife's address proof.

• Husband and wife's profession and earnings.

• Marriage Certificate

• Family Background

• Marriage Photographs

• Proof showing that husband and wife have been living apart for more than a year.

• Statements of Income Tax

• Property and assets details of the parties.

• Proof of failed attempts of reconciliation.

• Other documents as per the facts and circumstances of the case.

Consult: Top Divorce Lawyers in India

Seeking a marriage dissolution is a stressful time for the parties and the people connected to them. As a result, it is advised to contact a divorce lawyer to obtain a divorce decision. The court process is laborious and requires money on every step such as for every draft application, court appearance, nature of the case, relief demanded, etc Hence, it is important for us to know the charges of divorce lawyers in India. In addition, you may also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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