Vaidehi Samant
Responded 2 years ago
A.You have not specified whether mutual consent divorce or contested. If the other spouse is not ready for divorce then it has to be contested and legal notice will be needed to be issued in that case. Also you have not specified reason for your decision of divorce. Anyhow please note legally a marriage can only be dissolved through order of the Court granting Divorce to that effect so basically you need to approach a lawyer in person and discuss your matter as without much details of your matter it is not possible to answer your query entirely here and matrimonial matters should be as much possible discussed in person with a lawyer. Thank you.
There are two ways a Divorce can be granted :
Divorce by Mutual Consent- This method of divorce is where both husband and wife jointly file petitions for divorce.
A joint divorce petition is filed by the divorcing couple in court through a lawyer. They can hire a lawyer and provide him with all the relevant details. The lawyer will file a petition in court. The court will send a copy of the petition to the couple.
The terms and conditions of such a divorce are reached through an amicable consensus.
Applicable for husband and wife have been living separately for at least 1 year and have mutually decided to end their marriage. After the petition is filed the court gives a six-month cooling-off period before the grant.
Contested Divorce- You need to hire a lawyer and provide him with all the relevant details. The lawyer files a petition in court. The court will send a copy of the petition to your spouse. The spouse could contest or agree to the divorce. If he/she contests it, then the length of the process would depend on the facts of the case.
In case of mutual consent, the spouses need to prove that they have been staying apart for more than a year.
Once the proceedings are over the court gives a period of six months to reconsider the decision to divorce.
In case the petitioners don't withdraw the petition the court grants the decree to divorce.
Thank You
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Marriage problem
My wife hardly stays with me what should I do
Divorce case
Husband harrasment
Mental harassment by husband staying in Pune on wife living in Bangalore
