APPLY FOR DIVORCE
Law

HOW TO APPLY FOR DIVORCE?

By Ms. Jasmine Hora / September 4, 2024

GROUNDS FOR DIVORCE

In India, the grounds for divorce differ based on the personal laws of different religions. For example: Check here family court lawyers in chennai

  • Hindu Marriage Act: Grounds include cruelty, desertion, adultery, conversion to another religion, mental illness, incurable insanity, and mutual consent.
  • Muslim Personal Law: Grounds include talaq (divorce by the husband), khula (divorce by the wife), and Mubarak (divorce by mutual consent).

It’s important to note that in India, divorce is not automatically granted on the grounds of irretrievable breakdown of marriage, which is common in many other countries.

HIRING A LAWYER

Hiring a lawyer is essential to ensure the divorce process goes smoothly and follows the law. A lawyer can help you understand the legal aspects of divorce, guide you through the procedures, and represent you in court if needed.

FILING THE PETITION

To start the divorce process, you must file a petition in the appropriate court. The court’s jurisdiction will depend on where you and your spouse last lived together. You can file the petition either in person or through your lawyer.

The petition should include relevant details such as the names and addresses of both parties, the grounds for divorce, and any other pertinent information. Once the petition is filed, you will be given a date for the first hearing.

SERVING THE PETITION

After filing the petition, it must be served to your spouse. This means your spouse must receive a copy of the petition and all other relevant documents. The court can send a copy to your spouse’s address, or you can deliver it in person.

If your spouse is not available to receive the petition, you can request the court to allow substituted service, which means serving the petition to someone else on their behalf.

APPLY FOR DIVORCE

RESPONSE FROM SPOUSE

Once your spouse receives the petition, they have the opportunity to respond. If your spouse agrees to the divorce, you can proceed with a mutual consent divorce. In mutual consent divorces, both parties agree on terms like alimony, child custody, and property division.

If your spouse contests the divorce, the court will schedule a hearing where both parties will present their cases, and the court will decide based on the evidence and arguments.

COURT PROCEEDINGS

If your case goes to court, both parties must attend a hearing. The court will consider evidence and arguments from both sides before making a decision. The court may also order counseling or mediation to resolve issues between the parties.

If the court grants the divorce, it will issue a decree of divorce, a legal document that officially ends the marriage.

DIVORCE PROCEEDINGS

After the divorce is granted, you need to obtain a copy of the decree of divorce, which serves as proof that the marriage has been legally dissolved. You will also need to update personal documents like your passport, driver’s license, and bank accounts to reflect your new status.

If there are any financial or property-related issues to be resolved, work with your lawyer to ensure these matters are properly addressed.

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