Divorce means nullification OR cancellation of marriage legally. After divorce the marriage is no more valid. Divorce is a legal process which has been there to give a way to the married couples if they wish to break the relationship legally. The big question is how to get a divorce?
Divorce is emotional journey for couples and if this is not handled well then it can be a very bitter experience. The legal process for divorce tries to give relief to couple in the best possible way but it also ensures that both parities get equal opportunity in every aspect. When any of the spouses or both decide to go for a divorce the first question comes is how to file a divorce in Kolkata.
Before proceeding on how to file a divorce in Kolkata, few important points need to be considered by husband and wife.
1) Are both spouses are ready for the divorce?
2) Does only wife want divorce and not the husband?
3) Does only husband want divorce and not the wife?
4) What is the duration of the marriage?
5) What laws are applicable on marriage?
6) Post divorce what are the expectations of husband?
7) Post divorce what are the expectations of wife?
8) Does the couple have children?
9) Is wife working?
10) Does husband have an earning?
Based on the answers to the above questions, it will be clear how to file a divorce in Kolkata. Your lawyer in Kolkata will understand each of these points very clearly so that lawyer can give a clear direction on how to file a divorce in Kolkata.
Another very important question that arise is why you want divorce. There must be some valid reason for divorce or else your divorce petition will be rejected by the court.
Marriage is an institution which supports and defines existence of a family. To break an existing setup needs valid reason. Filing for divorce should not be misused in any way so, for that there are strict rules on why someone wants divorce.
Reason for filing a divorce should clearly state that there is an issue because of which this marriage cannot be carried forward by spouses.
You must be ready with the reasons why you want to file a divorce case. Few common reasons you must know before you go ahead with how to file a divorce in Kolkata-
1. Harassment
2. Adultery
3. Remarriage
4. Domestic Violence
5. Mental Torture
6. Impotency
There are many more reason and a good lawyer in Kolkata can go through your case history and can guide with a reason which is applicable in your case on how to get a divorce.
Broadly there are 2 ways you can file for divorce in Kolkata-
1) MCD – Mutual Consent Divorce
2) Contested Divorce
As the name suggests, if both spouses are ready for divorce and agree on it then they can file for Mutual Consent Divorce. This is the easiest and most comfortable way a couple can get the divorce. In this you need to follow the steps of filing. Any good divorce lawyer in Kolkata can guide you through this. This is hassle free as compared to the contested divorce.
You will go for contested Filing only when the other spouse is not ready. This is a lengthy process and complexity is high. Since other party is not ready for divorce, the reason for divorce has to be put strongly. Here you need a strong divorce lawyer in Kolkata who can put forward your points and can navigate you through the entire divorce process.
The divorce process complexity increases when a child and his/her custody is involved. If both parents are in agreement on who will be take the child custody, then again it is easy to handle or else one needs to file custody case. Any good Child Custody Lawyer in Kolkata will be able to assist here.
If there is a disagreement then the role of your lawyer becomes very important. You will need an experienced child custody lawyer in Kolkata who can fight for you based on the details available shared by you.
Contested divorce filing with child custody needs lot of attention to details and well experienced lawyer to deal with the matter.
Maintenance in divorce can be filed depending on the socio-economic condition of the spouse. Multiple factors need to be validated in terms of the financial status of the couples. Whether one party is working or both, what is the salary of each or anyone, what kind of lifestyle is being maintained by both, if there is a child involved etc. Maintenance amount can vary from a small amount to a huge amount. A learned lawyer can evaluate your details and can suggest you how to get a divorce with maintenance.
Mutual consent divorce are mostly fixed fees for the Lawyers. For contested expense is higher as you do not know how long case will take. Law gives equal opportunity to both the parties to put forward their points. Until court is convinced why divorce is required, it will not grant it. So, generally contested divorce takes time. Hence, you must be financially prepared to fight it out. An experienced Lawyer can guide you well and help to close your case faster.
In a nutshell, if you have decided to step forward for a divorce then consider the above points before you meet your lawyer on how to file a divorce in Kolkata.