Sunday, 3 November 2013

How to get a divorce: The Layman’s Guide

Wondering how to get a divorce? Not sure how to get rid of the annoying partner you once loved more than life itself? The divorce laws in India are very hard to decipher. It takes a lot of time and money to undertake a divorce process in India. Well the following is a layman’s guide on the process of divorce.

The first and foremost step is getting your self a lawyer. Unless and until you have a law degree you will need one.  The cost will depend on the knowledge and experience of the lawyer you hire. Try getting an experienced one. It’ll cost a little more but you won’t end up losing an arm and leg in alimony payments. He will guide you and tell you how to get a divorce.

The next step would be actually filing for divorce. If both of you are equally annoyed of each other and it’s a mutual divorce then you can file joint papers for divorce and go in for a no fault divorce. But in the case the divorce is not mutual you will have to go in for a contested divorce and file the case citing reasons for divorce. These reasons are different for different religions but the basic point on the basis of which divorce can be filed are

11)      Fidelity – If your spouse is cheating you can file for divorce citing the reason.
22)      Abuse – If you are being abused physically or mentally.
33)      Medical Grounds – You can file for divorce if your spouse is mentally ill or has an incurable disease.

Based on you reasons for divorce your lawyers will draw up a petition and you will have to provide him with the necessary information and documents required. You will have to provide the details of your marriage and why it failed. These details help the lawyer draft a sound case and will a fool-proof case. There are also a number of documents you will be required to submit to the lawyer. These include
11)      Employment details and salary slip.
22)      Assets owned.
33)      Family details and history.
44)      Income Tax details.

After all the following things have been taken care of the case will finally go into court and a date will be assigned for your hearing. A copy of the petition and a summon stating the date and time of the hearing will be sent to your partner.

At the date of hearing the lawyers from both the parties will take center stage and fight it out. The details about the assets, property and alimony will be worked out. The biggest bone of contention between the couple is the child. It takes a lot of time and background check before the court decides which of the two parents is more competent to look after and give the child a better future.

Finally the court will give out a detail report stating all the points of contest and how they were settled. That will be the final step in the divorce process according to the Indian Law and that is how you get a divorce in India.

Anant Ashesh
2nd Year

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