CONTESTED DIVORCE: Let's try to understand Contested Divorce!
Topics on Contested Divorce that can help for an Informed Decision.
Let’s try to understand Contested Divorce!
As per the legal definition the Contested divorce is a type of divorce in which either of the spouse decides to divorce the other, without the consent of the other spouse. In such cases, the spouses are in direct conflict with each other, either regarding the terms of divorce or due to one of the many grounds of divorce.
In a contested divorce in India, the court upon being approached, hears both the parties, conducts proceedings and decides on various disputes related to the divorce like child custody, maintenance, division of assets, etc. The court plays the principal role to help the unhappily married couple arrive at a solution by either dissolving the marriage or by directing the couple to settle their grievances through a mediator
The contested divorce time period in India is not certain. The litigation can potentially go on indeterminately and usually extends for a period of four to six years.
Read about the steps and contested divorce process.
After you’ve decided to contest a divorce, you ought to follow this step by step guide which aims to give you a brief overview about procedure to apply for divorce-
- Hiring a good lawyer is the most important step of the process to obtain a contested divorce since a lawyer can make or break your case. To ease your troubles, we have a curated list of best contested divorce lawyers. Drop us a mail at email@example.com
or call us at +91-9811782573 to get immediate legal assistance.
Next, a Petition is prepared by the lawyer, which entails all the relevant facts related to your case. It bears the grounds for divorce as well. Issues related to the claim for maintenance and custody of children (if any), are mentioned within the petition.
The Petition is accompanied with the supporting documents like proof of marriage, Vakalatnama, affidavits etc. which are verified in the presence of an Oath Commissioner.
The petition along with the documents is filed before the appropriate court which in turn lists the case for hearing.
On the date of hearing, the court studies the petition. Upon careful scrutiny and hearing the party, the court either accepts or rejects the petition.
If the petition is rejected, you can approach the High Court and file an Appeal through your lawyer.
If the petition is admitted, the court directs a notice to be sent to the opposite party along with a copy of the petition.
Next, the opposite party gets to file a reply to the petition, in the form of a written statement, which includes their claim for maintenance and child custody.
Initially the court directs both the parties to go for mediation process to solve marital problems and avoid the dissolution of marriage.
If mediation is successful then the court upholds the terms finalised in the mediation procedure and the divorce proceedings came to an end.
If mediation fails, the court proceeds with the case. The court decides the claim for interim maintenance, if asked for.
Next, the court admits the evidence and examine and cross-examine the parties and witnesses. This stage is generally time-consuming.
Then the court hears the lawyers of both the parties for final arguments before pronouncing the decision.
After pronouncement of the decision, the court passes a judgement for divorce. The decision is appealable in an appropriate court.
In case no appeal is sought, the divorce proceedings terminate since it is assumed that both the parties are satisfied with the decision of the court.
Weigh your options before you take a decision! Get expert legal advice from best divorce lawyers on MyAdvo! Drop us a mail at firstname.lastname@example.org or call us now at +91 9811782573.
While deciding to part ways, it’s important to consider all the available options before making the final decision.
When the term separation is used for couples, colloquially, it’s taken to mean that they no longer live together, which in term reflects the dissolution of their marriage. However, a legal separation does not result in dissolution of marriage, it only allows the couples to live separately.
A legal separation is generally when the couple finds it difficult to live together, but they still attempt to work on their marriage, and the court orders them to live separately while continuing to be married.
In a divorce, however, there is a formal request to the Court to dissolve the marriage, either by both parties (mutual divorce) or by one of the parties (contested divorce). The decision of the Court is made in view of all the facts placed before the Court through a formal divorce petition and there is a determination of all aspects of the marriage too, including child custody, maintenance, etc.
When a divorce petition is presented before a Court, the attempt is made to resolve the dispute in the best manner possible. They provide solutions such as mediation, legal separation, settlement, etc. The Court dissolve a marriage only in view of the differences which are in fact, irreparable and irreconcilable. In any situation where a marriage could be salvaged, the Court attempts to do the same.
In the event of an unavoidable divorce, it becomes important to prepare for the contested divorce methodically. Below are some key suggestions that one can keep in mind to apply for contested divorce-
- Consider engaging in discussions with your spouse to ensure that your decision is an informed and sensible one. With emotions running high in a divorce matter, it is easy for one to get carried away and take a decision which is harmful to both parties in the long run;
- Try not to leave the house where one is residing , even after an altercation. This might give the opposite party an upper hand in the matter and decrease one’s chances of claiming the rights in the house.
- It is a good idea to consult a best contested lawyer at the initial stage before indulging in any discussions or settlements. A lawyer will offer an insight into the case and will simultaneously guide to accumulate all the relevant documents and information required in fighting your case in the future.
- Start arranging the important documents such as marriage certificate, marriage photographs, financial statements, record of events, written communications, etc. Even though this is an obvious step, but an important one for the proceedings.
- Make sure to precisely calculate all the assets of your spouse, including the investments and savings accumulated during the marriage. It is possible that one might not be aware of every such detailed information of their spouse; try to be vigilant during this time and keep a track of financial activities that might affect you like the withdrawal of money from a joint savings account which could threaten your interests. Such information should be immediately conveyed to the lawyer.
- Apart from the financial interest, if the case involves a minor child, it is a good idea to plan about the custody of the child and to prepare for case accordingly.
Having said this, it is also to be kept in mind that there are distinctive situations for couples and not all can fall under the suggestions put forth. Therefore, it becomes vital to hire a good divorce lawyer at the initial stage, so that one can plan ahead. Drop an email at email@example.com or call at +91-9811782573.