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Our Legal Services for Divorce and Separation

Divorce and separation, although it seems easy, is a complicated legal procedure as it saps the mental and emotional energies out of the warring spouses. We, at Vidhikarya, are well aware of this and therefore we take extra care while dealing with matrimonial cases. When we take up your divorce case we emphatically get involved with the best of our legal acumen and strategy to ensure the desired outcome for our clients. We provide comprehensive legal support to individuals navigating through the process of divorce, whether through mutual consent or contested proceedings. Our services are tailored to protect your legal rights, secure fair outcomes, and support you through every stage of the separation process.

Legal Consultation and Case Assessment

We provide in-depth consultations to understand your situation, advise you on the applicable personal laws, and help you decide the best legal course whether mutual consent or contested divorce.

Maintenance and Alimony Claims

We assist in filing or opposing claims for interim maintenance or permanent alimony by analyzing financial disclosures and representing your interests during settlement or court proceedings. Whether you are a wife or husband it is crucial that you must be represented strongly in court and that is what we do for you.

Filing of Mutual Consent Divorce

We assist both parties in negotiating and finalizing the terms of settlement, including child custody, alimony, and property division, and guide both of you through both motion hearings until the decree is granted.

Mediation and Settlement Support

We support clients through court-directed or private mediation to resolve issues amicably and draft enforceable settlement agreements when mutual understanding is reached. We advise on the division of matrimonial property, assist in negotiation of asset distribution, and ensure your share is protected under the law in the event of a dispute.

Filing Contested Divorce in court and Representation

We prepare and file well-drafted divorce petitions that clearly state your grounds for divorce and meet all legal and procedural requirements before the appropriate Family/District Court. We represent clients in contested divorce proceedings involving issues such as cruelty, adultery, desertion, mental disorder, or irretrievable breakdown of marriage, managing the entire litigation process with strategic legal advocacy.

Annulment and Judicial Separation

We assist clients in filing for annulment of marriage or judicial separation, depending on the legal and factual grounds, providing strategic legal counsel throughout the process.

Child Custody and Visitation Rights

We help you pursue or defend custody claims by preparing strong arguments based on the welfare of the child and ensure fair parenting time through visitation rights or joint custody arrangements.

Filing of Appeals, Post-Divorce Legal Action, and Execution Applications

Our divorce expert lawyers handle appeals, review petitions, execution of orders and post-divorce matters such as enforcement of maintenance orders, modification of custody arrangements, or action against non-compliance with court orders.

How We Work

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Strategic Planning
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Execution
Advocate executes the legal action required on your matter along with association of expert pool of lawyers.
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Dedicated Case Manager Support Available From 10 am to 7 pm

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From 10 am to 7 pm

We handle Divorce cases in following courts in Kolkata

  • Alipore Judges Court
  • Barasat District Court
  • Barrackpore ADJ Court
  • Howrah District Court
  • Kolkata Family Court
  • Baruipur ADJ Court
  • Sealdah ADJ Court

Get in Touch

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Meet Our Teamvidhikarya team

Our Team

 Vidhikarya law firm team in office, featuring Advocate Abhimanyu Shandilya, Co-Founder Suparna Moitra, and legal professionals

Adv Abhimanyu Shandilya, Founder, Vidhikarya Law Firm

Advocate Abhimanyu Shandilya has been instrumental in handling divorce cases in Kolkata. He has counselled thousands of couples on their matrimonial matter. He along with the Vidhikarya Team handles Mutual consent divorce, contested divorce, 498a, Annulment, NRI divorce, maintenance and child custody in all courts of Kolkata. Vidhikarya team handles divorce matters different districts of West Bengal as well.

Meet All Team
 Vidhikarya law firm team in office, featuring Advocate Abhimanyu Shandilya, Co-Founder Suparna Moitra, and legal professionals

FAQ

Frequently Asked Questions

On what legal basis can divorce be granted in India?

The reason or cause for divorce differs with personal laws, but some common grounds are adultery, cruelty, desertion, and reasonable discontent.

How many months does it generally take to get a divorce in India?

The time it takes for a divorce can depend on matters like the agreement to divorce, problematic areas that may be disputed, and the kind of backing situations with the courts.

Do I have to go to court to get a divorce?

Yes, you will have to go to court to file the divorce petition with the help of your lawyer. In India divorce is granted by court and no other authorities except for communities with their own personal law.

What determines who gets custody of the children during a divorce?

The child’s best interest is always the consideration. Some of the factors include age, the child’s relationship with the parents, ability to pay for their needs and if the child is of enough age to express a preference, their opinion is also considered.

How does property gets divided between the couple during a divorce in India?

Properties get divided on the basis of ownership. For properties with joint ownership the division remains the way it was during getting the property. Wherever there is mutual settlement then properties get divided as per mutual understanding and agreement.

How much alimony or maintenance can be allowed?

The amount depends on such parameters as income, quality of living, and the period of marriage.

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Contact Information

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7604047601 / 7604047602 / 9831397506 / 8100091175

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No. 4, 2nd Floor,Esplanade Mansion, 14/16 Government Place (East), Kolkata-700069 Opposite Raj Bhawan (Governor’s House)

1501,Gardens, Uniword City, Action Area I, Newtown, Kolkata - 700160

Room No.222, 2nd Floor 46/31/1, Ballygunge New Market AC, Gariahat Road, Kolkata- 700029

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When to file a Divorce case?

Divorce is one of the most stressful and sensitive experiences that a couple can go through. A major life transition with many considerations, and that should not be undertaken lightly. It is during this time that legal knowledge of your rights and available options is important. A divorce lawyer in India can guide you on your rights and most importantly on how to file for divorce in India. When you have arrived at a conclusion that the marriage is not going to work and have tried all possible ways to save then you should initiate the process of filing a divorce case.

How to decide whether MCD or contested Divorce to be filed

Divorce laws in India may differ in several aspects, and these include the grounds on which the divorce can be filed or granted, the consent of the parties to the divorce, and the personal law of the parties. When you interact with your advocate then you can seek his advice on whether Mutual Consent Divorce (MCD) or Contested Divorce to be filed. Basically, the decision is made as given below.

  • Mutual Consent Divorce: When the couple decides to part ways and no longer want to be together. It frequently implies a less time-consuming legal procedure
  • Contested Divorce: This happens when one party to the marriage is not in agreement with the divorce or some of the provisions offered by the other. It entails legal processes and may take longer to complete.
  • Why do we see Domestic violence and criminal cases in tandem with Divorce cases?

    In case of domestic abuse of the female by the husband and his relatives she has no choice but to initiate Domestic violence and 498A case and many a times it ends up in separation and divorce. Sometime when a divorce case is initiated by the husband then also the wife as a counter do file 498A cases.

    Do I need to plan my finances while filing a divorce case?

    Yes, you need to speak and discuss this with your lawyer on this topic. If you are female and either filing or defending a divorce case, then you have to ensure that you also initiate the Maintenance and Alimony case with the help of your lawyer. If you are a male and fighting a divorce case, then you too need to have proper financial planning since the court may order you to pay for maintenance of both wife and children.

    Divorce case and Child Custody

    A divorce case has a lot of bearing on child custody. In MCD the parents mutually decide on the custody of the children but for a contested divorce case the parent not having custody has to file a case for custody and visitation rights. Child custody is not a sole right and has to be decided on the basis of the welfare of the child.

    Step-by-Step Procedure for Mutual Consent Divorce

    Step 1: Consult a Divorce Lawyer Both parties meet a lawyer to discuss terms of separation, custody, alimony, and property division.

    Step 2: Draft the Joint Petition A joint petition is prepared and signed by both parties, stating mutual agreement to dissolve the marriage.

    Step 3: Filing the Petition The petition is filed before the Family Court having jurisdiction over the area where either spouse resides. The court will then schedule a hearing to verify the mutual consent of both parties.

    Step 4: First Motion Hearing Both parties appear before the judge. Statements are recorded under oath, and the court may advise reconciliation.

    Step 5: Cooling-Off Period A mandatory 6-month period (can be waived by court) is given for reconsideration.

    Step 6: Second Motion Hearing After the cooling-off period, both parties reappear to confirm the decision. If both consent, the court proceeds.

    Step 7: Final Decree of Divorce If the court is satisfied, it grants the final decree of divorce, legally ending the marriage.

    Step-by-Step Procedure for Contested Divorce

    Step 1: Grounds and Legal Advice The spouse seeking divorce must identify valid legal grounds (e.g., cruelty, adultery, desertion, mental disorder, conversion, etc.).

    Step 2: Filing the Divorce Petition The aggrieved spouse files the petition before the Family Court with supporting evidence and affidavits.

    Step 3: Issuance of Summons The court sends a notice/summons to the other spouse to appear and respond..

    Step 4: Response & Rebuttal The opposite party files a reply. Both sides may present documents, witnesses, and cross-examinations.

    Step 6: Counselling & Mediation (Optional) The court may refer parties to mediation or counselling to attempt settlement.

    Step 7: Issue Framing and evidence Courts frame the issue to be decided and then parties produce their evidence.

    Step 8: Final Arguments and Judgment After hearing both sides, the court passes a judgment. If grounds are proven, divorce is granted.

    Step 9: Appeal (If Applicable) The aggrieved party may appeal the judgment within the limitation period if dissatisfied.

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