Sunday, March 3, 2024

Everything You Need To Know Before Filing a Divorce

Marriage is considered a holy bond between man and woman. No one thought to end this bond in the first place. But at a certain point in life, this bond becomes an unnecessary burden. Mentally and psychologically, they are dealing with a dead-end relationship. Some ignore all the red flags and keep quiet and keep suffering in the marriage due to the family’s reputation and fear of people. But some take a stand for themselves and decide to dissolve the marriage legally so, ask for help from Experienced Divorce Lawyers in Bangalore. It takes a lot of courage to choose mental peace over a broken marriage.

Types of Divorce:

There are mostly two types of divorce in India.

  1. Mutual Divorce
  2. Contested Divorce

Mutual Divorce: When both partners understand that there is no point in trying in the marriage and both want to dissolve the marriage. In that case, mutual consent divorce can be filed under section 13B of the Hindu Marriage Act 1955.

Time taken:

As both the spouses end the marriage, it takes a lot less time, but still, it consumes a significant amount of time due to legal proceedings. It almost takes 6-7 months. However, the court allows them to have two months if they sort out the differences and work things out in the marriage. IF that doesn’t work, two hearing sessions are required for the whole process.

  1. Contested Divorce:

In this case, the petition is filed by one of the spouses, where the other person has not agreed to end the marriage. In that case, the petition is filed under section 13 on some legal grounds, such as

Domestic violence, Adultery, Mental instability, etc.

Time taken:

This is a disturbing situation, and it takes a long time due to lots of disagreements. The trial stretched out for a longer period. The best way to overcome this phase is to hire Family divorce lawyers in Bangalore who will professionally handle the matter.

The divorce procedure in India:

Divorce can be a long process sometimes, but with the help of a professional lawyer, your case can be handled carefully. There are six stages in India to get a divorce:

  1. Filing The petition
  2. Court summons
  3. Response against the summons
  4. Negotiations or trial session
  5. Interim orders( Restraining order or child custody)
  6. Final order or verdict

If both parties sort out their demands and terms, then the court will call them for the hearing session, and legally they are separated, and the child custody and everything are shared as mentioned. But if they can’t come on the terms, they have to ask for the court’s help to dissolve the matter, which means they have to go through the trial.

Bottom line

Not every marriage gets its happy ending. Sometimes it’s no one’s fault. When two people are not right for each other, it’s better to free one another from suffering. There is no nobility to stay in a bad marriage.

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