Nowadays, divorce cases are very common in India. When two people cannot adjust to their marriage life anymore, they decide to part ways with each other to lead a better life. For many reasons, this Divorce may occur. Besides that, in India, there is a particular way to follow up to get a quick divorce. Those people who are interested in knowing what is the divorce procedure in India can read the information here.
How To File For Divorce?
Initially, there is a particular procedure that all couples have to go through to complete the Divorce. Here in the paragraph, we will share the step-by-step procedure to get a successful and quick divorce. Even those who are looking for what is the divorce procedure in India can collect information from here.
- Consult a lawyer – First of all, if you want to get a divorce from your Husband or Wife, you need to consult with a divorce lawyer first.
- Gather necessary documents – After that, you will have to collect whatever documents are needed for this divorce procedure. The documents that are needed for the procedure are a Marriage certificate, income tax statement, Address proof, details of liabilities and assets, and evidence that will support your grounds for Divorce.
- Draft a petition – After that, the lawyer from your side will help you to create a draft of the petition. In this petition, the reason for separation from your Husband or Wife will be clearly mentioned. Even in this petition, the desired outcomes will also be mentioned by you, like the custody of your kids or the division of the property.
- File the petition – After that, the petition will be submitted by the lawyer to the family court, where both the Husband and Wife live together.
- Serve summons – After that, the court will share a summons with the other spouse regarding the divorce procedure and notify them of this legal procedure.
- Respond to the petition – After that, the receiving party, whether it is the Husband or Wife, will have to respond to the petition and follow the following steps.
- Court hearings – In the next step, both the Husband and Wife will have to present at the court hearings. Besides that, the Husband and the Wife can carry the evidence or the necessary documents to get the Divorce.
- Final decree – After getting all of the things from the Husband and Wife, the court will approve the divorce petition and officially decree the marriage.
How To Apply For A Divorce Online?
Those who are looking forward to applying for a divorce petition online can follow the tips below. By following these tips, one can also get a divorce certificate or complete the whole Divorce procedure online. This is also a legal step in what is the divorce procedure in India.
- Visit the official website of the district court in the relevant jurisdiction – If you want to proceed with the Divorce online, you first need to visit the official website of the district court in the relevant jurisdiction.
- Register on the online portal – After that, you need to register.
- Fill out the online application form – Next, an application form will appear on the screen, and you need to fill out all of the details correctly.
- Upload scanned copies of the required documents – After that, as a husband or Wife, you need to upload scanned copies of all of the required documents.
- Pay the court fees – Next, you will also have to pay the court fees online.
- Submit the application electronically – Finally, you will have to submit the application by clicking on the submit option. After that, you will have to wait for a few couple of days or until the court approves to get the Divorce.
Mutual Divorce Procedure
Now, here in this particular paragraph, all of you will be able to find out the mutual divorce procedure in detail. By following the steps, you can also apply for a mutual divorce in India.
- File a joint petition with the court
- The court will scrutinize the petition
- The court may order the parties to record statements on oath
- The court may try to reconcile the parties
- The court will hold motion hearings
- The court will prepare a decree of Divorce
Divorce Petition Format
Here is the format for a divorce petition in India.
Reasons For Divorce In India
In India, we find different reasons for divorce cases. However, the most common reasons for Divorce in India are in the paragraph below.
- Adultery
- Cruelty
- Desertion
- Unrealistic expectations spouse
- Constant arguing
- Lack of communication
- Mutual consent
- Forced marriage
- Financial issues
- Family interference
- Substance abuse
Types Of Divorce
People who are interested in finding out the types of Divorce in India can find details in the paragraph below.
- Contested Divorce
- Uncontested Divorce
- Fault divorce
- Collaborative Divorce
- Default Divorce
- Legal separation
- Legal Divorce
- Mediated Divorce
- Summary divorce
- Adultery
- Annulment
- Child custody
- Cruelty
- Mutual consent divorce
- Same-sex Divorce
- Arbitrated Divorce
- Arbitration
- Choosing your divorce route
- Conversion
- Divorce alternatives
- Economic Divorce
- Emotional Divorce
- Irretrievable breakdown of marriage
- Leprosy
Conclusion
In this article, we have given information on what is the divorce procedure in India. All of you will also be able to find out the types of Divorce and the reasons for Divorce in India. Besides that, people will also be able to know the whole procedure of mutual divorce step by step in this article.
Also read related article on No Objection Certificate
FAQs
How can I get a divorce certificate?
To get a divorce certificate, you will have to contact the court where your Divorce was finalized. Therefore, requesting a copy of the divorce decree, you can get your divorce certificate.
Is a marriage certificate required for Divorce?
Yes, of course, a marriage certificate is required for Divorce in India. There are also some other important documents that need to be submitted to get a divorce.
How do I get a copy of my divorce certificate?
To get a copy of your divorce certificate, you need to contact the court clerk’s office in the country where your Divorce was finalized; you can get the certificate.
Can I get a divorce certificate online?
Yes, it is possible to get a divorce Certificate online. However, you need to contact your local court’s website to get the certificate.