how to file a divorce without a lawyer in india

The Steps For Getting a Divorce Without a Lawyer.

• Address proof of both parties (eg: Voter ID/ Aadhar Card)
• Marriage certificate.
• 4 Photographs of the marriage.
• Proof that both parties have been living separately since a period of one year (eg: delivery receipts of products)
• Proof that all attempts to reconcile have failed. (eg: bills for a marriage counseling session)
• Income tax statements of both parties for the last 3 years.
• Details of the profession and present remuneration of both parties.
• Details of properties and all assets owned by both parties.

Full Answer

Do you need a lawyer to get a divorce in India?

However, is always advisable to apply for divorce in India through a lawyer even in case of an uncontested divorce. If the legal procedure for divorce in India is not handled properly, problems can arise later. For a contested divorce in India, you must file a divorce petition in court with the help of a lawyer.

Can I get a divorce without a lawyer?

Yes, you can get a divorce without using an attorney but you’ll need to stay on top of filling out the relevant forms correctly and filing them as required. This approach to getting a divorce is known as "pro se," a Latin term for "on your own behalf."

Which is the easiest divorce in India?

So, amongst all those divorce laws that have been provided with the most straightforward procedure, the easiest one is according to Section 13B of the Hindu Marriage Act, 1955. As already mentioned, it is the provision of divorce sought with mutual consent.

Is there such thing as automatic divorce in India?

There is no such thing as automatic divorce in India as proper legal measures have to be taken in order to nullify the matrimonial bond. In case your spouse is not ready for the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13 (1) of the Hindu Marriage Act.

Can I get divorce without going to court in India?

No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.

Can I file divorce by myself in India?

If no lawyer is suitable to handle your case, or under any other situation mentioned above, you can proceed to start a divorce without a lawyer. It must be complying with all the procedure before the court all by yourself.

How much does it cost to file a divorce in India?

The court fee is nominal at Rs 15, but the bulk is taken up by lawyer's fees. While women can avail of free legal services by getting an advocate from the legal aid cell, private lawyers' fee can vary from Rs 10,000 to Rs 1 lakh, depending on the type of divorce and duration involved.

How can I get a quick divorce in India?

1. No fixed time period. The parties have to be present before the court for as many times as it seeks. The maximum cooling off period between the first and second petition is 18 months after which on presentation of second petition, and satisfaction of court, divorce decree can be granted.

Is one sided divorce possible?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce.

Can I get a divorce without my husband?

The grounds for divorce without consent apply to both – husband and wife. The parties must have been living separately for at least a year before they can apply for a divorce. According to Section 9 of the Family Courts Act, Mediation and settlement are one of the effective ways to resolve the issues.

What are the 3 grounds for divorce?

The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869. Adultery. Conversion to another religion. One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.More items...•

How can I get quick divorce?

Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.

What if husband Denies divorce?

if your husband is deny the divorce and he is not come in the court and he refused the divorce to him then you have to lodge a complaint against your husband for maintenance.. and. complaint in the police station for under section 498 a ? and pressure to your husband for divorce.

Can I get divorce in 3 months in India?

No, you can't get divorce after 3 months of marriage. You have to wait for at least one year to file divorce case against your partner. The waiting period of one year is inevitable even if you both plan to go for mutual consent divorce.

What are the 5 grounds for divorce in India?

Grounds of Divorce in IndiaAdultery. Either party to the marriage may present a petition for divorce under cl. ... Cruelty. ... Desertion. ... New Phenomenon of NRI Related Desertion. ... Conversion. ... Unsoundness of mind. ... Schizophrenia. ... Virulent and incurable leprosy.More items...

Can we get divorce in 15 days?

It is impossible to file divorce within 15 days of marriage,the limitation is under marriage act is one year and only you can nullify the marriage by filing for nullification within period of one year of the marriage, which is not divorce, the entire nullification proceedings has to be completed within one year if the ...

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How To Get Divorce And Maintenance For Children

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My in-laws and my husband harass me. They blackmailed me that they separate me from my son. They blame me for everything which is going wrong.

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My husband filed for divorce on false allegations like me beating him and spending his money and misused the affidavit to save him from domestic violence in the USA as evidence for cruelty done to him and left for the USA. I want to file RCR and I’m not ok with the divorce.

How long do you have to live separately to file a divorce?

To initiate proceedings, the couple should have been living separately for at least one year. It is not necessary for them to have been living in different locations; even if they can show that they have not been sharing a house as husband and wife, proceedings may begin.

How long does it take to settle a divorce case?

The court/judge will give six months’ time to resolve the differences. The couple needs to file a second petition within six to 18 months of the filing of the first petition.

How long does it take to get divorced from a leprosy spouse?

Padma Rao, laid down the basic requirements for divorce to be granted on a spouse suffering from leprosy. The Court clarified that the plaintiff only needs to prove that the spouse suffered from leprosy for a minimum of three years before filing the suit. There is no requirement that the three years of leprosy ought to occur during the subsistence of marital life. Moreover, the Court held that leprosy was a ‘virulent’ disease which according to medical terms is a non-curable and contagious disease. However, with advancements in modern science, leprosy is now regarded as curable and non-contagious. This has led to social organisations opposing this clause in the Act.

What happens when a petition is signed by a lawyer?

Once the petition is signed by the lawyer, a legal notice is sent to the other spouse in marriage. The legal notice will contain the details of a petition signed by the petitioner and a summon to the court on the date specified.

What is contested divorce?

A contested divorce is a long procedure, and unlike divorce by mutual consent, takes a long time to resolve. Issues such as child custody, alimony, and asset distribution, all needs to be discussed and agreed upon by both parties before the divorce can be granted. Since one spouse or both spouses may contest all the above issues, the contested divorce takes a long time to resolve. And it is often painful on the part of the parties involved.

What are some examples of adultery?

Some examples of proof in cases are, Swapna Ghosh v. Sadananda Ghosh, where the wife found her husband and his adulteress in bed. Or in Patta Dhanalakshmi v. PattaRamachandraRao, where a child was borne by the wife during the period of non-access. Considering the nature of adultery and how it is against the very fabric of marriage, the defences to this act are minimal. The only defence that is recognised by courts is if the plaintiff condoned/forgave the acts of the accused party. In such a case, divorce will not be granted.

When was cruelty added to divorce?

Cruelty was added as a ground for divorce in 1976. It was in Dastane v. Dastane, that the Court recommended this amendment to the Act. Further, this case also clarified the Indian position of the law and distinguished it from that of the English courts. Contradictory to the English position, the Indian position evaluates cruelty with respect to the aggrieved party, there is no concept of a ‘reasonable man’.

How many marriages end in divorce in India?

Only 13 out of 1,000 marriages in India, a mere 1 per cent, end in divorce. This is not a good thing, especially for abused women, who often have no way out of a marriage and anticipate a difficult life after divorce in India because of social stigma and financial dependence on the man. That’s why women need to know their rights, ...

Why is divorce important in India?

It affects the couple emotionally and financially. It is very important for both the husband and wife to be aware of their rights regarding marriage and divorce in India to enable a peaceful settlement.

What is the right to maintenance in India?

Right to maintenance/alimony. Another right of a woman in divorce in India is the maintenance amount the husband has to pay to the wife after the divorce process. It is either paid in a lump sum or on an annual or monthly basis.

What is joint petition for divorce?

A joint petition for divorce is filed by the parties in the case of a mutual consent divorce, where both parties agree to the terms of the agreement. The parties opting for a mutual divorce process in India can hire a common advocate who can help them jointly file an affidavit to get a divorce.

What is family law in India?

In India, family law is a field that has a combination of personal laws that deal with different religions. Different personal laws include – Hindu Marriage Act, the Indian Succession Act, Hindu Succession Act, Parsi Marriage Act, and others.

Is it important to hire a divorce lawyer in India?

So, it important to hire a good divorce lawyer with past experience in varied divorce case laws in India, as filing for divorce in some cases can be a complex matter. While some divorce cases in India have a criminal element to them, others require mediation.

Is it easy to get divorced in India?

Life after divorce for women in India is not easy. Neither is remarriage after divorce in India. But that’s no reason to stay in a bad marriage. If you’re in an unhappy marriage and have decided to file for divorce, consult a divorce lawyer and find out how to apply for divorce in India.

How long do you have to wait to get divorced?

After a petition has been filed to obtain a divorce by mutual consent, the parties have to wait for a minimum period of 6 months and not more than 18 months.

What is desertion in divorce?

Desertion essentially means abandoning your spouse without any reasonable cause and without their consent. For desertion to be committed it is necessary that there must be an intention to abandon your spouse. Simply if your spouse is studying or working away from home but is stranded and cannot come back, that will not constitute desertion as there was no intention to abandon. However, when a spouse is forced to leave the matrimonial home by the conduct of the other that will not be termed as desertion. Want to know how to file divorce in India you should hire the best NRI lawyers of NRI Legal Advisors India.

Can a wife sue for divorce?

Decree or Order Of Maintenance: If a wife has obtained an order of maintenance in proceedings against the husband and if the parties have not resumed cohabitation for one year and upwards after the passing of such order then the wife can sue for divorce on that ground.

Can a spouse be divorced if they have a disease?

Under this concept, if one of the spouses has a disease that is incommunicable form and can be transmitted to the other spouse, then this can be considered as the valid ground for divorce.

How to get divorce without a lawyer?

Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.

How to get divorce papers?

Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.

How long do you have to be a resident to file for divorce in South Dakota?

Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.

How to split property in divorce?

1. Consider how assets are going to be distributed. If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.

What to do if you can't agree on alimony?

Discuss the need for any alimony payments with your spouse and agree on an amount, if any, before filing for divorce. If you cannot agree on alimony, consider hiring an attorney so he or she can help you protect your financial assets or get the spousal support you deserve.

What to do if you have trouble agreeing to divorce?

However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible. ...

What is divorce in marriage?

A divorce is the ending of a valid marriage. The rest of this article will focus on this proceeding.

How to file for divorce in India?

In case a couple wants a divorce then they have to follow the following steps: The couple will have to hire a lawyer first, so that he can provide them with all the details. A petition will be filed in the court by the lawyer. A copy of the petition will be then sent to the spouse.

What is the procedure for filing a divorce petition in India?

The procedure of initiating a divorce case starts by filing a petition for seeking divorce either by the husband or wife, and then, it is accompanied by an affidavit from both the parties.

What are the various documents required to file a petition for contested divorce?

The documents required for the filing of divorce petition for a contested divorce are:

How long do you have to be married to divorce a Christian?

For claiming divorce through mutual consent it is necessary that the couple must be living separately for at least 2 years. They have to prove that they have not been living as husband and wife. The issue of child custody, the maintenance of the child and the division of the property should be settled mutually.

How long does it take to get divorced by mutual consent?

The completion of the procedure will depend on the circumstances of the case. In case of divorce by mutual consent, the parties have to prove that they were living separately for more than one year. A period of six months is given to the parties to reconsider their divorce.

When the parties obtain a divorce by mutual consent, the question of payment of alimony is solved?

When the parties obtain a divorce by mutual consent the question of payment of alimony is solved on the basis of understanding and agreement between the contesting parties. The decision of who will pay who depends on the mutual understanding of the parties. The court on the basis of their agreement will pass the order, thus, binding the parties.

What is the first aspect of divorce?

The first aspect is about the minimum and the maximum amount of time which the couple need from each other. The second aspect is about the matter of child custody. When a divorce is taking place by mutual consent it is up to the couple to decide as to who will take custody of the child.

What to do if you are divorced without an attorney?

Although counties and states differ, many County Clerks’ offices offer services regarding basic information required when filing a divorce without the use of an attorney.#N#Although your County Clerk cannot offer legal advice (only a licensed professional such as a paralegal or attorney can provide legal advice), your County Clerk can refer you to correct information regarding your divorce at the law library (if a library is available in your area).#N#If you need to find further information regarding the location of your local court, the hours of operation, and if there are any filing fees, your local clerk can also assist you.

What to consider when approaching divorce without a lawyer?

The first issue to consider when approaching divorce proceedings without a lawyer is whether you and your spouse are in agreement on all of the above issues (i.e. property, children, marital homes, etc.).

What issues to consider when approaching divorce proceedings on your own?

Some issues to consider when approaching divorce proceedings on your own are: the division of property, spousal rights and child/visitation rights, pensions, and. marital homes. A state-by-state approach is also needed to ensure that you are following the correct laws.

What to do before divorce without a lawyer?

Before embarking on divorce proceedings without a lawyer, it is a good idea to consult with an accountant or financial advisor, or even tax preparer who can alert you to potential tax issues after a divorce. IRS is the official website where IRS officers offer free information about all tax issues pertaining to divorce.

What to do if you don't agree with your spouse?

If, after discussing all of the accounting and financial issues with your spouse, and you are completely comfortable with the decisions you’ve made together, you should also discuss the custody and support arrangements for your children . The goal is to make sure these arrangements are agreeable to all parties.

What is the legal process of divorce?

Legal Proceedings of a Divorce: The Division of Property. Regarding the division of property, courts will generally determine the division of property depending on the financial contributions made during the marriage, and concern for the future welfare of the children.

Can a county clerk give legal advice?

Although your County Clerk cannot offer legal advice (only a licensed professional such as a paralegal or attorney can provide legal advice), your County Clerk can refer you to correct information regarding your divorce at the law library (if a library is available in your area).

What is the next step after filing a divorce petition?

The next step after filing the Divorce Petition is the service of summons on the contesting parties to inform them that a divorce procedure has begun against them by the aggrieved spouse. The party who is served the summon has to appear before the Judge of the family court. Step 3: Response to Petition.

Why is it important to hire a lawyer for divorce?

Therefore, it is essential that the procedure gets done away with as soon as possible and the suffering ends for both the parties and their families. By hiring a lawyer one can ensure that delay in getting a divorce is avoided and divorce is granted as quickly as possible.

What happens if one of the spouses abandons his/her spouse for at least a period of answer?

3. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion. 4. Conversion – In case, either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

How many votes does a divorce have?

364 votes. The divorce procedure differs from situation to situation depending on the length of matrimony, whether there are children born out of wed-lock, consent of the parties, religion etc. The procedure to file for the divorce process is simpler when the parties consent to the divorce.

What is the term for the act of indulging in any kind of sexual relationship including intercourse outside marriage?

1. Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery . 2. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb, and health.

Is divorce expensive in India?

A divorce is a very complex and expensive issue in India if it is not with mutual consent. Not only the parties to divorce but their families also suffer during the entire procedure of separation. Therefore, it is essential that the procedure gets done away with as soon as possible and the suffering ends for both the parties and their families. By hiring a lawyer one can ensure that delay in getting a divorce is avoided and divorce is granted as quickly as possible.

Is divorce emotionally draining?

Divorce is an emotionally and financially draining time. Irrespective of the type of divorce you seek (i.e. mutual or contested), it’s important you have a lawyer by your side who can guide you through the complex procedure of divorce.