What is the procedure to file a divorce

divorce filing procedure and tipsSome marriages have bad endings i.e. a divorce takes place and this may happen because of various reasons. Survival of two people in a relationship becomes impossible and they choose to get separated instead of living unhappily together. This phase is one of the most difficult phases of anyone’s life and you may get affected mentally and psychologically because of this. In spite of all this, it is sometimes unavoidable and you don’t have any other option else than this, so let’s study about how to file divorce in India.

Types of Divorce

  • Mutual Consent: Both the partners agree to take divorce, and they can opt for no fault divorce in this case and settle out of court.
  • Consented Divorce: The partner seeking divorce may file a case in court under the law in which they got married or their marriage was registered. And after the proceedings of the court, the couple shall be given the divorce.

Divorce Filing Procedure in India

Below mentioned is the procedure for filing a divorce;

  • Now various questions may come in your mind like where to file a divorce or how to get divorce quickly. Well all of these questions may be answered if you hire one of the best divorce lawyers in the city. The lawyer will represent you in the court and will present the facts on your behalf in the court. He will answer all your queries and take the things ahead.
  • There should be some grounds on which you are filing a divorce case in the court and the same should be jotted down before you approach for the same. The grounds are as follows

i)        Involvement of the spouse in an extramarital affair

ii)      If the partner has been abandoned for a period of two years before filing the divorce.

iii)    If there exists any physical or mental incapability in the partner that may threaten or risk your life.

iv)    Sexually incompetent person is another reason for filing the divorce case.

  • Based on the grounds above, the application procedure for divorce may be initiated by your lawyer by submitting a divorce petition in the court, and the same shall be as per the Indian divorce laws. The case shall be filed under the Act in which the marriage took place or the marriage was registered say a Hindu Marriage may be registered for divorce under Hindu Marriage Act. Various Acts of marriages are Special Marriage Act, Muslim Marriage Act or Parsi Marriage and Divorce Act.
  •  For filing the case, you will have to submit photocopies of some documents;

i)        Income tax statement for the past two to three years.

ii)      Details of your profession and the remuneration you are earning

iii)    Birth and family related details

iv)    Details of the properties which is owned and possessed by you

  • Then discuss with your lawyer every detail of the case like when did your marriage took place and the circumstances which led to a bad marriage. Keep the things transparent between you and your lawyer. Remember things will be easy if you remain honest with your lawyer and it is one of the ways of getting divorce quickly, whereas any secret between you and your lawyer may make things difficult for you.
  • Then sign the “vakalatnama” to give authority to the lawyer to represent you in the court room.
  • Subsequently court may send a copy of notice along with the petition by registered post on the address of your spouse, asking him/her to be present in the court on a specified date and time.
  • Thus, the proceeding of the divorce gets started once all this is done.

Above mentioned was the fastest procedure for filing a divorce case, but the whole process is quite a challenging one as you have to keep your mental strength going on until the case is over. So prepare yourself for the worst situations and don’t let yourself break before all of it ends, just remember whatever happens, it happens for good. So believe in this, and move ahead with life and also with the case.