To seek a divorce, one partner does not necessarily need the consent of the other. When one of the individuals is confident that there are good reasons for the wedding to end, they could file for separation even without the other’s approval. You can get in touch with some of the high rated divorce lawyer bangalore here.
To dissolve a relationship that cannot be saved or that has irreparably fallen apart. Given that one of the spouses is requesting a divorce, the judge will make decisions on matters like alimony, parental rights, and property ownership.
Law’s Fields of Application
Depending on which jurisdiction they conducted their marriage under, different laws would apply. If individuals (Hindus, Buddhists, Sikhs, or Jain) did get married under the Hindu Marriage Act of 1955, its regulations would be in effect. Its regulations will apply if they had been wed following the Special Marriage Act of 1954 (secular law).
Below is the step-by-step guide for securing a legal separation without consent:
- Before actually submitting a divorce application, the parties must have lived apart for a minimum of a year.
- Choose an attorney who will comprehend your circumstances and submit the divorce application in the appropriate forum, district family court.
- If the court determines that the matter has merit on the initial day of the case, notification of the following court hearing will be sent to the opposing party.
- The petitioner must submit the required amount of processing fee to the judicial registry within just a few days after the first session. After that, the notification will be created by the court staff and delivered to the partner through email, fast mail, courier, regular mail, or the court’s website. The partner will be required to appear before the judge on the next hearing day.
- The partner will argue the circumstances for the separation on the following date, and the individual’s attorney will demonstrate those grounds.
- Based on the specifics and facts of each case, the length of the reasons will vary.
- Following the conclusion of the proceedings, the court will issue a decree of divorce.
- In addition, the court will make decisions regarding asset split, child custody, and alimony while also considering the best interests of the kid.
Documentation that must be presented in court
- A marriage license
- Address verification for the couple
- Evidence demonstrates that they spent a year apart
- Passport-sized pictures
- Three years’ worth of tax returns
- Indications of initiatives towards reconciliation
How long will it take to reach a mutual divorce?
Therefore, a divorce with a common agreement often takes 18 to 24 months. Due to the difficulties and potential for appeals to the High Court and Supreme Court in contentious divorce cases, the time frame is lengthier, spanning from 3 to 5 years.
How many sessions are you subjected to while divorcing amicably?
Additionally, the Joint Petition must be submitted in two motions only within the allotted time frame for the mutual divorce to be granted, so that as a result, the divorce judgment will be granted in two movements.