Wondering about how to get divorced in India? The process of finding a good lawyer can be quite difficult since the Indian society isn’t all that vocal about the various procedures and requirements deemed necessary under the laws of the land.
Before proceeding ahead it is essential for both spouses to first understand how to get divorced, and the procedure that such a separation involves.
For this very reason, couples or individuals who are seeking a separation need to understand the basic requirements for any divorce before proceeding in search of a good lawyer to help them.
Let us take a look at some of the important steps that men and women ought to follow when first confronted with the idea of getting divorced.
- Is reconciliation possible?
This is an especially important step that both partners should attempt before even acting upon the idea of a divorce. Both spouses must try to sort out their differences amicably. Seeking professional help isn’t a bad idea either.
Marriage counselors are specially equipped with skills that can help two sparring partners see eye-to-eye on issues that seemed unsurmountable.
- Uncontested versus contested divorce
This is the most essential aspect of every separation, where the couple together must decide as to whether they can find common ground, or do they need a court-appointed judge to do so for them.
There are a number of disadvantages that are attached to a contested case, foremost among them being the matter of time and cost. Fighting it out in court over everything from child custody to equitable distribution of assets can take a long, long time given the lethargy of the Indian justice system.
For this very reason, couples are always advised to first try and resolve all issues pertaining to assets, children, etc. Unfortunately, about 95% of the divorce cases in India continue to be contested within the four walls of a court.
- Budget for lawyer(s) and life after separation
Before you even begin planning for a life after being divorced, it is advised that you first calculate the cost that the entire procedure, including your lawyer’s expenses, would involve.
Lawyers can be quite expensive, especially given the number of hours that they would be spending to fight your case. Ensure that you inquire about the rates and approximate expenses for the procedure before you commit yourself to any one attorney.
It is especially important for one to stay within one’s own means, which goes to say that choosing a lawyer whose services falls within your budget is the only practical thing to do.
- Consult your attorney about the procedure for getting divorced.
It’s important that you and your representative are on the same page when it comes to your legal representation in court. In order to receive a favorable outcome from the presiding judge it is advisable that spouses reveal any and all information pertaining to the marriage.
Small details, that may have been considered to be trivial, can prove to be essential factors in securing a win for you in a hotly contested proceeding.
Understand the fundamental steps involved, and schedule your days accordingly.
- Don’t indulge in any romantic relationships prior to a formal decree being issued.
Adultery is a serious offense, and whether true or not, the very mention can turn the entire proceeding against you. Ensure that you maintain a squeaky clean record to whatever extent possible.
In case you are the partner responsible for the breakdown of the marriage, it is important to be pragmatic and apologize for your mistake(s). This might even help you to patch things up, or at the very least, settle affairs amicably while opting for an uncontested settlement with the other spouse.
Many Indian women and men are left asking the common question of how to get divorced in India. Fact of the matter is that the procedure, while fair and just, can be complicated for laymen to comprehend, which in turn makes some self study and research necessary.