FAQs: How To File Divorce in India: Divorce Procedure and Divorce Types

Divorce in India involves filing a divorce petition in the family court. The process varies depending on whether it is a mutual consent divorce (13B) or a contested divorce (13A). It includes filing the petition, getting the notice served to the opposite party, attending court hearings, etc.

“Pro Se” divorce or filing a divorce without an advocate is possible in India, but requires a thorough understanding of the legal process, preparing necessary documents, proper presentation in court, etc. It’s advisable to consult a divorce lawyer or seek legal divorce advice to avoid complications.

Yes, it is feasible to file a divorce without a lawyer in India, especially in cases of mutual consent where both parties agree on all terms. However, the complexities of contested divorces may make it challenging to proceed without a divorce advocate.

For filing a divorce in India, one needs to submit a divorce petition to the family court with jurisdiction over your case. The petition should detail the grounds for divorce, personal information of both parties, requests for child custody, alimony, or assets division. After filing, the court will schedule hearings and eventually grant the divorce if all conditions are met.

Filing divorce online in India is not entirely possible, as physical presence in court is required at various courts on different stages. However, some preliminary steps, like document preparation and consultation with a divorce lawyer, can be managed online. Additionally, online portals allow you to track your case status once filed.

In a mutual consent divorce, both the parties must agree to divorce. The terms and conditions related to alimony, child custody, and movable or immovable division should be settled beforehand. Thereafter a joint petition is filed in the family court, and after six months (cooling-off period, which can be waived off in some cases), the court will conduct a hearing. If both parties still consent, the court will grant divorce.

Contested divorce or one-sided divorce is possible in India. In this case, one party files for divorce citing specific grounds such as cruelty, desertion, adultery, etc., and the other party may contest it. The court then decides based on the evidence, cross examination and arguments presented by both the sides or their matrimonial advocates.

The cost for a mutual consent divorce in India can vary based on factors like lawyer fees, court fees, and other associated expenses. Generally, the cost ranges from ₹10,000 to ₹60,000, but it can be higher depending on the complexity of the case and the lawyer’s expertise.

Yes, a couple can remarry after divorce in India. Once the court grants a decree of divorce and the appeal period (usually 90 days) has passed, either party is free to remarry as per their wish.

Yes, men can file for divorce in India. The law allows both men and women to initiate divorce proceedings based on various grounds such as cruelty, adultery, desertion, and more.

No, men do not need to file for divorce only through mutual consent. Men can file for divorce on various grounds, including cruelty, adultery, desertion, or any other valid legal reason as per the Hindu Marriage Act, Special Marriage Act, or other applicable personal laws.

No, the process of filing for divorce is the same for both men and women in India. The grounds for divorce and legal procedures are uniform regardless of gender.

The decision to file divorce is personal and depends on individual circumstances. Men should consider factors such as their relationship dynamics, legal implications, financial aspects, and emotional well-being before deciding to file for divorce.

The simplest and quickest way to get a divorce in India is through mutual consent, where both parties agree to the divorce and settle all related issues amicably. Mutual consent divorce usually takes around 6 to 18 months.

Yes, separation can be a ground for divorce in India if the separation is for a continuous period of two years or more. Under certain circumstances, prolonged separation is considered valid grounds for divorce under the Hindu Marriage Act and other relevant laws.

The duration of a divorce case in India varies depending on factors like the type of divorce (contested or mutual), court workload, and the complexity of the case. A mutual consent divorce usually takes 6 to 18 months, while contested divorces can take several years.

A person can file for divorce in India after completing one year of marriage. Exceptions are made if there are cases of exceptional cruelty or hardship, but the court must be convinced of these circumstances.

Yes, NRIs (Non-Resident Indians) can file for divorce in India. The jurisdiction and applicable laws depend on the location of the marriage, the couple’s last residence in India, or other factors. Legal advice is recommended for NRIs considering divorce in India.

The documents required for mutual divorce in India typically include:

1. Marriage certificate
2. Address proof of both parties
3. Passport-sized photographs of both parties
4. Details of assets, liabilities, and income
5. Evidence of the mutual consent (joint statement)
6. Proof of separation (if applicable)
7. Any other relevant documents as per the court’s requirements

In India, a minimum of six months of separation is mandatory before a couple can file for a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955, exception to this can be made by filing an application before court for waive off of cool off period.

The common grounds for divorce in India include adultery, cruelty, desertion, conversion to another religion, mental disorder, communicable disease, renunciation of the world, and not being heard of for seven years. The grounds can vary based on personal laws applicable to different religions.

The cost of a divorce in India can vary widely depending on factors like the complexity of the case, location, and lawyer’s fees. On average, it can range from ₹25,000 to ₹2,50,000 or more.

Desertion in law refers to the abandonment of one spouse by the other without any reasonable cause and without the intention of returning. For desertion to be a ground for divorce, it must last for a continuous period of at least two years.

Yes, impotency is a ground for annulment in India. If one of the spouse is incapable of consummating the marriage, the other spouse can seek annulment.

Adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. It is considered a ground for divorce under various personal laws in India.

Filing for divorce first can sometimes offer a strategic advantage, as the filing party can set the tone of the proceedings. The disadvantages include the possibility of the other spouse being perceived as the wronged party, which may influence certain aspects of the case.

Yes, getting a contested divorce in India can be challenging and time-consuming. But of a good matrimonial advocate is consulted or hired, facts

Yes, mutual consent divorce is possible after one year of marriage, provided both spouses agree to the divorce and meet the legal requirements of separation and other conditions.

Yes, infidelity is increasingly being cited as a ground for divorce in India. However, the social stigma around divorce still persists, which can affect how these cases are handled.

The grounds for divorce in India have remained largely consistent, but there have been discussions and judicial interpretations that could potentially broaden the grounds for divorce, such as irretrievable breakdown of marriage.

Yes, a Muslim woman in India can file a petition for a contested divorce under the Dissolution of Muslim Marriages Act, 1939, on grounds like cruelty, desertion, and failure to maintain the wife.

The time frame for a contested divorce in India can vary depending on the complexity of the case and the court’s schedule. On average, it can take anywhere from 2 to 5 years.

Yes, a married couple can live separately without getting a divorce. In some cases, they may opt for a judicial separation, which is different from divorce and does not dissolve the marriage.

During the divorce process, a jointly owned house is usually divided based on mutual agreement or court orders. The division can be equal, or one party may be compensated for their share.

Yes, a couple can get divorced in another state in India, provided they meet the jurisdictional requirements, such as the residence of either spouse or the place where the marriage took place.

No, an annulled marriage is not the same as a divorce. Annulment legally declares a marriage null and void as if it never existed, while a divorce legally ends a valid marriage.

Divorce settlement in India is calculated based on factors like the income and financial status of both parties, the standard of living during the marriage, and the needs of any children involved. The settlement can include alimony, maintenance, and division of assets.

There is ongoing debate about the need to reform divorce laws in India, particularly concerning the time-consuming nature of contested divorces, the grounds for divorce, and the protection of the rights of both spouses. Some advocate for more streamlined and equitable processes.

Divorce is the legal dissolution of a marriage, ending the relationship as a valid union. Annulment, on the other hand, declares the marriage null and void, as if it never legally existed.

Yes, a divorce can still be granted even if one party does not agree. This is typically done under the grounds of contested divorce, where one spouse files for divorce citing specific reasons such as cruelty, desertion, or adultery.

The Mahila Court is a specialized court that handles cases related to women’s rights, including divorce. The procedure involves filing a petition, counseling sessions, and court hearings, followed by a decree if the court is satisfied with the grounds for divorce.

No, even in cases of mutual consent, a divorce must be filed in court. However, the process is more straightforward and less time-consuming than a contested divorce.

No, triple talaq has been declared unconstitutional in India. Muslim men can seek divorce through other legal means, such as talaq-e-ahsan or talaq-e-hasan, following the due process outlined in Islamic law and the legal framework.

Yes, you can get a divorce without your spouse’s consent through a contested divorce, where you file for divorce on specific grounds recognized by law.

Yes, a judge can deny a divorce if they find that the grounds for divorce are not sufficiently proven or if there are procedural issues with the case.

Asset division in divorce is based on factors such as contributions to the marriage, the financial status of both parties, custody of children, and other relevant considerations. The court aims to achieve a fair and equitable distribution.

No, both parties do not have to agree for a divorce. A contested divorce can proceed even if one party does not consent.

If a husband cannot be found, the wife can still file for divorce by providing evidence of his absence. The court may proceed with the case ex-parte, meaning without the husband’s presence, and grant the divorce.

No, a divorce must be finalized through a court in India, even if it is uncontested and both parties agree.

Yes, a divorce can be one-sided in a contested divorce, where only one party seeks the divorce, and the other does not consent.

Yes, a judge can dismiss a divorce case if they find that there is no valid ground for divorce or if the case has procedural defects.

Unreasonable behavior refers to actions by one spouse that make it difficult or impossible for the other to continue living with them. This can include abuse, neglect, infidelity, or other harmful conduct.

Yes, one spouse can move out with a child without getting a divorce, but this could lead to legal complications related to custody and visitation rights. It’s advisable to seek legal guidance in such situations.

No-fault divorce allows a couple to dissolve their marriage without placing blame on either party. The most common ground for no-fault divorce is irretrievable breakdown of the marriage.

An uncontested divorce is when both parties agree on all terms of the divorce, including asset division, child custody, and support, leading to a faster and simpler court process.

Collaborative divorce is a process where both parties, along with their lawyers, work together to reach a mutually acceptable agreement without going to court.

No, a First Information Report (FIR) is not required for filing a divorce. FIR is typically associated with criminal cases, while divorce is a civil matter.

Yes, it is possible to transfer a divorce case to another state, usually for reasons such as convenience, safety concerns, or jurisdictional issues. This requires an application to the appropriate court.

Yes, fraud committed before marriage can be a ground for divorce. Examples include misrepresentation of religion, concealment of prior marriages, or lying about critical health issues.

Legal separation allows a couple to live apart without dissolving the marriage, whereas divorce legally ends the marriage.

Yes, a couple can file for divorce without a lawyer, but legal advice is recommended to ensure all legal requirements are met.

A contested divorce involves disputes between the spouses that require court intervention, while an uncontested divorce occurs when both parties agree on all terms.

No, a man cannot remarry legally without obtaining a divorce from his current wife, regardless of their living situation.

It depends on the specific circumstances, including residency status and jurisdiction. Consulting a legal expert is advisable.

A couple can apply for divorce in a jurisdiction where they either reside or were married, among other specific legal criteria.

Yes, Non-Resident Indians (NRIs) can file for divorce in India, but jurisdiction and applicable laws need to be considered.

An annulment declares a marriage null and void as if it never existed, while a divorce ends a legally valid marriage.

Yes, couples can opt for legal separation if they do not wish to end the marriage but want to live apart.

Dissolution of marriage is another term for divorce, referring to the legal termination of a marriage.

Yes, the process can be initiated online in some jurisdictions in India, but physical court appearances may still be required.

Mutual consent divorce requires both parties to agree on the terms of separation, including alimony and child custody, and file jointly after a period of separation.

The easiest way to get a divorce is through mutual consent, where both parties agree on all terms and conditions.

Under the Special Marriage Act, the couple must file a joint petition, followed by a mandatory cooling-off period, and then appear for two court motions.

A legal notice is not mandatory but can be sent as a formality to inform the other party of the intent to divorce.

No, parents cannot file for divorce on behalf of their children; the spouses must file themselves.

While registration of marriage is not mandatory to file for divorce, it is recommended as it serves as proof of marriage.

The second party can file for contested divorce or request the court to waive the appearance if the other spouse is deliberately delaying the process.