Steps to apply for a divorce

Divorce is usually a very disturbing and lengthy procedure and often results in a lot of stress and frustration. Here are the basic procedures that you need to follow to apply for a divorce.

Before you file for divorce:

1. You need to know that you cannot file for a divorce within one year of your marriage. But if you want to get separated from your spouse within a year of your marriage, you can file an annulment in the district family court.

2. Separate reasons have been provided under the Hindu Marriage Act under which you can get an annulment.

3. While applying for a divorce you need to be sure whether your divorce is a contested divorce or a mutual one.

Mutual Divorce
You and your spouse agree on all issues, including property division, child custody, and others.

• It is a shorter and quicker procedure
• It is also cheaper than the other form of divorce

Contested Divorce
You and your spouse cannot agree on one or more issues, so the court decides for you.

• Since court proceedings are involved, it usually takes much longer.
• It is more expensive and painful

4. Consult a good divorce lawyer for preparing your divorce petition, which should include the complete facts and details based on which you want a divorce.

5. Your divorce petition will be filed in the District family court where:

• Your marriage ceremony took place as per Hindu rituals, or
• You and your spouse lived/resided together, or
• Your spouse resides at the time of filing of the divorce, or
• Where you reside, if your spouse is living abroad or is presumed dead for a period of seven years or more.

6. The court shall then call you and your spouse to be present in court for further proceedings on whatever dates the court decides.

7. Then the court shall decide upon the issues namely child custody, division of property, maintenance between you and your spouse.

8. Then the court may or may not grant you the divorce.

9. The complete divorce procedure may take 1-3 year’s time to finalise.

10. If you are not satisfied with the decision of the court, you can make an appeal in the High Court.

Related Law Guides

• Reasons on which a divorce can be filed
• Mutual Divorce vs. Contested Divorce
• Divorce under Special Marriage act
• Steps for a Contested divorce
• Steps for Mutual Consent Divorce
• How to choose your divorce lawyer?