So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.
How long does it take for contested divorce in India?
Generally speaking, contested proceedings take 18 to 24 months. Mutual consent varies from 6 months to 18 months. Connect with Vakilsearch to know the new rules for divorce in India & the divorce law as well.
How can I get a contested divorce quickly in India?
Different stages of a contested divorce
- Meeting With an Attorney. This is an important part as it decides the course of action in your case. …
- Either spouse File a petition for divorce. …
- Appearance and Reconciliation. …
- Reply/counter reply from the respondent spouse. …
- Discovery. …
- Settlement. …
- Trial. …
What happens in contested divorce in India?
A contested divorce in India reflects a situation wherein one spouse has finally made up his/ her mind to proceed with the divorce. Contested Divorce means that your spouse is guilty of committing the matrimonial offense. Matrimonial Offences are grounds for divorce. Your spouse is guilty of committing fault.
What happens in a contested divorce?
The uncontested divorce is where both spouses agree to all the terms of the divorce. An contested divorce is where the spouses cannot agree and must go through the entire divorce process to get a judge to make the final decision. The uncontested divorce is accomplished by filing of a joint petition for divorce.
What happens if wife contested divorce?
If your spouse contests the divorce at first and then you reach an agreement, you can submit your agreement to the court and the judge will decide whether the agreement is fair and issue a divorce decree. … The judge will make a final decision and issue a divorce decree.
How Much Does contested divorce cost in India?
What is the cost involved? The court fee is nominal at Rs 15, but the bulk is taken up by lawyer’s fees. While women can avail of free legal services by getting an advocate from the legal aid cell, private lawyers’ fee can vary from Rs 10,000 to Rs 1 lakh, depending on the type of divorce and duration involved.
How can I speed up my contested divorce?
How to Speed Up a Divorce
- 1). Get your estate organized. …
- 2). Share financial information and documents with your spouse. …
- 3). Have you and your spouse agreed to get a divorce? …
- 4). Move forward with pre-trial motions and hearings at the outset of the case. …
- 5). Secure the divorce mediator’s time in advance. …
Can I get married while my divorce is in process in India?
Absolutely NOT. Till the time your Divorce proceedings are pending in Court, whether its Contested or Mutual Consent Divorce, you cannot legally marry another person. As a matter of fact, you cannot marry again till the expiry of 6 months from the date of Divorce.
Is one sided divorce possible?
If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. … Also it can be a reason that you are not having any relation , communication with each other for past 1 Nd half year can be a reason for divorce .
Can judge Force husband to stay with wife in India?
Under no law the court can compel or force a husband to take back his wife. No court can force co- habitation between a couple. If in the mediation proceedings it is even suggested to the husband to take back his wife he can refuse.
What happens if my husband filed for divorce first in India?
There is no harm in filing for divorce first if the spouses able to prove that the other spouse had committed some act which is a valid ground for divorce under the provisions of section 13 of the Hindu Marriage Act.
Can wife ask for property after divorce?
22 Answers. After divorce, a wife cannot stake a claim in your property as a matter of right. This property will continue to remain yours’. What wife can seek from you is maintenance for her sustenance and a decent standard of living, similar to that being enjoyed by you.
What does a contested divorce look like?
A contested divorce is just what it sounds like: one or both spouses contest (dispute) some aspect of their divorce. Therefore, the divorce proceedings take much longer to complete and typically involve greater stress and increased legal fees.
How long can one spouse drag out divorce?
After the judge signs your order, you must wait a total of 90 days from the date you filed the petition or from the date you served the petition before a judge is able to sign your divorce papers. And even then, your divorce may drag beyond the 90 days.
Is it worth fighting a divorce?
There’s little point to it unless the sole objective is to hurt the person you’re fighting. But given that every disagreement between you and your spouse can potentially increase the cost of your divorce, both sides get hurt financially – if not emotionally – in the process.