Q. What is the procedure for divorce in India?
A. Divorce can be granted by a court of law in India , for which appropriate petition is filed.
Q. How to file a divorce without a lawyer in India?
A. If you have no idea to how to file a divorce without a lawyer in India and no lawyer is suitable to handle your case, so you can learn to how to file a divorce without a lawyer in India and proceed to start a divorce without a lawyer. It must be complying with all the procedure before the court all by yourself. You need to produce the application either with the petition or after the petition has been filed.
Q. “How to file a divorce without a lawyer in India” , is it feasible in India?
A. Yes, “How to file a divorce without a lawyer in India” is feasible in India
Q. How to file a divorce in India?
A. There are two ways to file a divorce in India :
1. Mutual Divorce
2. Contested Divorce
Q. How to file a divorce in India online?
A. If your divorce is uncontested, filing online may be the way to go. Getting divorced online is a common way for couples to end their marriage. Many companies provide divorce forms online. These websites prepare forms for you based on the information you provide.
Q. How to file divorce petition in Mutual consent divorce?
A. Following steps are involved in Mutual consent divorce :
STEP 1: First Motion involves joint filing of divorce petition.
STEP 2: Husband & wife appear before court to record statements after filing of petition.
STEP 3: Court examines petition, documents, tries reconciliation, records statements.
STEP 4: Court passes order on First Motion.
STEP 5: Cooling off period of six months given to couple by court to rethink decision.
STEP 6: Filing of Second Motion is done within 18 months of First Motion.
STEP 7: Decree of divorce passed
Q. Is divorce in India one-sided?
A. No
Q. How much does it cost for mutual consent divorce in India?
A. It depends upon the city and the standing of the lawyer you hire
Q. What is the process of mutual divorce in India?
A. Both the husband and wife file a joint application in the court of competent jurisdiction.
Q. In India can a couple remarry after divorce?
A. Yes
Q. Can men file for divorce in India ?
A. Yes. Men file for Divorce in India
Q. Can men file for Divorce in India only mutual ?
A. Yes. Men file for divorce in India both ways mutual or non mutual.
Q. Can men file for divorce has a difference process ?
A. No. Men file for divorce in India has the same process as women.
Q. Should men file Divorce ?
A. The answer of the question that should men file divorce in India is Yes. Men should file divorce in case of matrimonial dispute. If the men is suffering in a marriage, he has whole right and must file for divorce. Thus, the answer of the question should men file divorce is yes. Although, the actual answer depends upon the circumstances in which the one is under the dilemma as to whether should men file divorce in that case or not.
Q. What is simplest and quickest way to get divorce in India?
A. Mutual Consent Divorce and in matrimonial dispute men file for divorce.
Q. Is separation a ground for divorce in India?
A. Yes, its called desertion and it’s a ground for Divorce in India
Q. How long does it takes for a divorce case in India?
A. Usually a divorce can run for 2-3 years
Q. When can a person get divorced in India?
A. Either when both the husband and wife decide to part ways or when either party wants to part ways.
Q. Can NRI file for divorce in India?
A. Yes
Q. What are the documents required for mutual divorce in India?
A. Marriage invitation card, marriage ceremony photo, marriage certificate ( if available), birth certificate of child ( If begotten), Photo ID proof of Petitioners ( Both the parties), Residential proof of petitioners ( Both the parties), Proof of last residence if pleaded for jurisdiction on the pint of last residence, 2 passport size photographs of both the parties, Any other documents asked by lawyer.
Q. How many months of separation is complusory for filing a mutual consent divorce in India?
A. 6 months
Q. What are the basis of getting divorce in India?
A. Cruelty, Adultery, Desertion, Conversion, Insanity, Leprosy, Venereal Disease, Renunciation, Presumption of Death
Q. What is the average cost of divorce in India?
A. It depends upon the city and the standing of the lawyer you hire
Q. What does desertion means in Divorce?
A. Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and without his consent.
Q. Is Impotence a ground for annulment?
A. Yes
Q. What is considered adultery in a divorce?
A. Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex. Even the intercourse between the husband and his second wife i.e. if their marriage is considered under bigamy, the person is liable for the Adultery. And husband or wife anyone can file a divorce under this ground of adultery. And it is offence questioned that under adultery should men file divorce, yes both the parties can file a divorce under adultery.
Q. Can both spouses file for divorce?
A. Yes
Q. Any advantages & disadvantages of filing for divorce first?
A. No disadvantages
Q. Is it difficult to get contested divorce in India?
A. No, if you have valid grounds and you fight well.
Q. Is mutual divorce is possible after one year of marriage?
A. Yes
Q. Is infidelity turning into divorce in India?
A. Yes
Q. Are there any new grounds of divorce in India?
A. No
Q. Can a Muslim woman file petition for contested divorce in India?
A. Yes
Q. What is the time frame of contested divorce in India?
A. 2-3 years
Q. Can a married couple live separately without having divorce in India?
A. Yes
Q. How did the jointly owned house divide during the divorce process in India?
A. Since it’s a joint house, its divided equally between the husband and wife. Else a case for Declaration can be filed and it shall be divided as per the share each contributed.
Q. If a couple is getting married in one state can they get divorced in another state in India?
A. Yes
Q. Is an annulled marriage called a divorce in India?
A. No
Q. How is divorced settlement calculated in India?
A. No set parameter
Q. Is there any need to change Divorce laws in India?
A. Yes. Irretrivable breakdown of marriage needs to be incorporated apart from making it more progressive.
Q. What is the difference between Divorce and Annulment?
A. A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. A legal ruling that erases a marriage by declaring the marriage null and void and that the union
was never legally valid.
Q. If one party is not agree, can a divorce still be granted in India?
A. Yes, its called a contested divorce.
Q. What is the divorce procedure through the Mahila Court?
A. Mahila Court cannot grant divorce
Q. Is it possible to divorce with mutual understanding and without filing a case in court in India?
A. No
Q. Is triple talaq the only way for a Muslim man in India for taking divorce in India?
A. No
Q. Can you get divorce without your spouse’s consent?
A. Yes
Q. Can a judge deny a divorce?
A. Yes
Q. How are assets split in divorce?
A. No set formula
Q. Do both parties have to agree for divorce?
A. No
Q. How can a wife get a divorce if her husband cannot be found?
A. Yes.
Q. Can a divorce be done without going to court?
A. Not under Hindus. Though Muslims can get divorced under personal law.
Q. Can a divorce be one sided?
A. Yes
Q. Can a judge dismiss a divorce case?
A. Yes
Q. What is unreasonable behavior in divorce?
A. “Unreasonable behaviour” is the term used to describe the fact that a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them
Q. Can one spouse move out with child without getting divorce?
A. Yes
Q. What is no-fault divorce?
A. No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. It is not applicable as per Indian Law
Q. What is an uncontested divorce?
A. An uncontested divorce basically means that both spouses agree on all of their divorce-related issues.
Q. What is collaborative divorce?
A. Collaborative divorce is an option of couples who feel they can work out their divorce settlement themselves but still
want legal protection.
Q. Is FIR required for Divorce?
A. No
Q. Can you transfer a divorce case in another state?
A. Yes
Q. Can fraud before marriage become a ground for Divorce? If yes, what kind of fraud are accountable?
A. Yes
Q. What is the difference between legal separation and divorce?
A. Judicial separation does not terminate the marriage, whereas in divorce the parties are no longer husband and wife.
Q. Can a couple Divorce without a Lawyer?
A. Yes
Q. What is the difference between contested and uncontested divorce?
A. If a couple is able to come to an agreement about all the major issues before trial, that is called an uncontested divorce. Conversely, if there are one or more significant matters that the couple cannot agree on themselves, it is a contested divorce.
Q. According to Indian Law, can a man remarry if his wife is not ready to give him a divorce and they are not living together from the beginning of their marriage?
A. NO
Q. Currently undergoing divorce in USA, can a person file for divorce in India simultaneously?
A. No
Q. Can a couple apply divorce anywhere in India?
A. No
Q. Can NRI’s file Divorce case in India?
A. Yes
Q. What is the difference between marriage annulment and divorce?
A. An annulment of marriage is a legal decree that a marriage is null and void. Annulments are granted when a court makes a finding a marriage is invalid. While a divorce ends a legally valid marriage, an annulment treats the marriage as if it never existed.
Q. Can a couple get legal separations instead of Divorce?
A. Yes
Q. Is dissolution of marriage is different from Divorce?
A. No
Q. Can Divorce be file online in India?
A. No
Q. What are the rules for mutual consent divorce?
A. The parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.
Q. What is the easiest way to get divorce?
A. Mutual Consent Divorce
Q. What is the procedure for mutual divorce for couple married under special marriage act?
A. Under the Special Marriage Act it was laid down that a couple may present a petition for divorce by mutual consent on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed to divorce.
Q. What is the time limit to file mutual consent divorce in India?
A. Six months
Q. Is legal notice required before taking Divorce?
A. NO
Q. Can parents file divorce on behalf of their children?
A. No
Q. Is registration of marriage a necessary ground for filing of divorce?
A. No
Q. If one spouse is not ready to appear for second motion of mutual divorce? What are the remedies available for
the second person?
A. In a Divorce by mutual consent, both the parties have the freedom to withdraw their consent as the consent cannot be taken by coercion. However, if you and your wife had entered into a settlement agreement while filing the divorce by mutual consent whereby the amount of maintenance was mentioned and other terms and conditions of separation were enumerated, then you can initiate contempt of court proceedings against the second person.
The above FAQ’s will apprise with the answers on divorce in India, can men file for divorce in India, should men file divorce in India.