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File a Contested Divorce
In contested divorce, you must state a reason why you want a divorce from your husband/wife and also prove in court that your reason is sound enough to get a divorce.
Grounds for divorce:
- Physical violence, mental cruelty, abuse of any kind
- Incurable disease such as leprosy
- Abandonment by your spouse
- Conversion to another religion
- Renunciation of the world and becoming a saint
- Living apart for more than seven years
Procedure for filing for contested divorce
- You must find a good lawyer first and discuss your case candidly with him/her.
- Your lawyer will then begin to draft petition for contested divorce.
- The petition is then filed in the family court. You get a copy of the petition.
- Your case gets listed and the court issues summon or notice to your spouse.
- Your spouse is required to file a reply. In case he/she does not appear in court at the said hearing date, the court proceeds ex parte, which means in the absence of the other party.
- The court frames issues, which means points of adjudication. Both parties provide their evidence on these issues.
- The first evidence is filed by the petitioner. Thereafter, the lawyer of the other party cross-examines the witness.
- Evidence of the other party is then filed.
- The case is argued in the court.
- Once the case is proved successfully, the court grants the decree of divorce.
Benefits to choose service
Contested divorce requires a lawyer. You have to prove the ground to get the divorce and for this you need a good lawyer who represents you strongly in the court. With reputable firms like Online Legal Center, finding a good lawyer should not be a problem. Moreover, if you do not want a divorce and your spouse does, then also you need a lawyer to oppose the ground. It’s beneficial to have legal assistance by your side.
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Frequently Asked Questions (FAQs)
You can file for divorce at the following places:
- The place where you got married
- Place you both lived together
- Place where your spouse (the opposing party or the respondent) is living at present
- Place where you are living at present (for example, the wife leaves home and goes back to her parents’ place, then she can file for divorce at that place)
Yes. Divorce is a very stressful event in a person’s life. On top of it, the legal procedures and court hearings and the fact that you are fighting with your spouse to get a divorce, all this can create an emotional turmoil and break you down. Having a lawyer takes away a large part of the stress, especially the legal part. A good lawyer also provides moral support.
In case you wish to divorce your spouse due to adultery (having an extramarital affair) and you hire an experienced lawyer, he or she will recommend you to file a petition on two grounds – adultery and cruelty. This is because it may be tough to prove that your husband/wife had sexual intercourse with a third person. In such a case, you can always prove to the court that your spouse’s adultery has caused you a lot of mental cruelty.
Contested divorce is costlier than a mutual consent divorce. First, there is the court fees, but this is quite less, to be precise, less than Rs. 100/-. The major cost is the lawyer fee, which can be anything from Rs. 10,000/- to Rs. 1,00,000/- or more, depending on the case, the lawyer, and other factors. However, the benefits of hiring a lawyer are so much that you would not mind spending money.
Women are entitled to get free legal assistance from the legal aid cell. A woman can also ask the court to have the cost of lawyer covered by the opposing party (her husband) in case she is not financially sound enough to take over the expenses.
It depends on how quickly you can prove your ground. It may take around one year or 3-5 years also.
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