Reply/Send Legal Notice for Divorce
Sending a legal notice
To send a legal notice, you must hire a lawyer with specialization in the field of divorce and/or family law. You should discuss the case with the lawyer so that he/she drafts a legal notice that contains the issues that you have with your spouse for which you want a divorce.
Usually, legal notice is sent in English; but it can also be sent in regional language.
After the lawyer drafts the notice, he/she signs it and sends it to the concerned party through courier, speed post, or registered post. The acknowledgement of the same is kept. The lawyer also keeps one copy of the legal notice with him/her.
The legal notice must contain:
- Clear reasons of sending the notice
- Previous communication regarding cause of notice
- A reasonable time period for the recipient of the notice to reply or take action desired by the sender of the notice
Replying to a legal notice
The party that receives the legal notice must reply within the time mentioned in the notice. If the party fails to reply within this time, the sender of the notice can take the action as mentioned in the notice.
If the party replies to the notice within the said time, then the sender of the notice can either do a settlement (out of court) and resolve the dispute (in this case the divorce issue) or file a petition in court for divorce. It can also happen that both the parties agree to the divorce and the divorce is done through mutual consent.
Benefits to choose service
It is important that you have the best lawyer by your side while drafting and sending a legal notice. This ensures that you send the notice in the correct manner. If you are the recipient of a legal notice, then also you must consult a lawyer to send a reply in the correct manner. And in case the sender of the notice wants a divorce and you do not, then a good lawyer will represent your case. In case you missed replying to the notice, you can consult a lawyer of what to do in this case. Online Legal Center can provide you qualified and experienced divorce lawyers.
Frequently Asked Questions (FAQs)
Ex parte divorce happens in the absence of one party. “Ex parte” is a Latin term, which means “from/out of the party.” Ex parte divorce should be done only in very serious cases wherein it is an emergency that you must end the marriage.
Ex parte divorce can also be done when the other party refuses to appear in the court or does not reply to the legal notice of divorce sent to them or is absconding for many years and cannot be found.
If you cannot be present in person in court to contest for the divorce, you can grant Power of Attorney (POA) or Vakalatanama to your lawyer to be present on your behalf.
Yes. As per Indian divorce law, a sexless marriage is one of the grounds for filing for divorce.
The first thing to do is contact a lawyer. Then, he or she will read the notice carefully and tell you how to reply to it after discussing it with you. You can also contact the sender of the notice for an amicable resolution of the dispute. Whatever you do, it is necessary that you respond to the notice.
Missing replying to a legal notice gives the sender of the notice a chance to take the said legal action. In this case, your wife or husband can get ex parte divorce and the claims that they make against you will be held true forever. You miss the chance to prove the claims wrong.