Divorce Process

Divorce Process in India: Mutual Consent Divorce, Contested Divorce, NRI Divorce, 498a Divorce

Divorce by mutual consent or a contested divorce proceeding, the process of getting a divorce is an overwhelming task in India. At, DivorceLawyersIndia.com, our team of divorce lawyers committed to easing the process with sound advice, and expert guidance.

Step by Step Divorce Process

Divorce process varies depending on the complexity of the case, conflicts involved, and settlements. The following steps outline the process to get a divorce decree in the Indian courts:

  1. One-on-One Consultation with an experienced divorce lawyer.
  2. Pre-suit legal notice may be filed
  3. Drafting of the Divorce petition that includes terms of the settlement.
  4. Proof of marriage: any documents or evidence that the two concerned persons are married is required.
  5. Divorce Mediation process: Counseling by court
  6. Mutual Consent Divorce Petition under Section 13(B) in the case of Hindu Marriage and Section 28 Divorce Ac, 1869 in the case of Christian Marriage may be filed in the Court supported with relevant affidavits.
    1. Time for getting a divorce by mutual consent can take three months whereas if contested; it may take up to a year.
    2. If the counseling fails, the court will ask the parties to adduce evidence in the court.
    3. The matter will come up for hearing in the Court, and generally, parties have to be present before the Court, and their statement is recorded in the Court.
    4. After considering the evidence and arguments, the court will either grant a divorce or refuse it.
    5. Appeal against said order can be filed before the high court concerned.
    6. If no appeal is preferred by the aggrieved party within one month from the date of the final order granting the divorce, he/she can remarry.
Contested Divorce Process in India

In the case of a contested divorce, the process is slightly different. The person initiating the divorce must declare the grounds for divorce. A petition for the contested divorce shall be drafted and filed in the Court of law. During the divorce trial proceeding, the one who had filed the petition needs to prove the case with evidence.

Our team of expert divorce lawyers works with you to ensure that the process is smooth and hassle-free, helping you every step of the way.