Guide For Uncontested Divorce In India

Divorce in India is often thought of as a long stretched expensive affair. This is where lawyers take home some cash.

While the reasons may vary from falling out of love, or marrying for the wrong reasons, settlements provide the needed relief from the agony of such a marriage. There are a handful of procedure that a troubled couple looking to separate can opt for – No fault , at- fault, summary and uncontested. Which option is the cheapest for Indians? An uncontested divorce in India might just be the solution you are looking for.

Definition

Sometimes known as the “simple divorce”, it is the settlement the partners look for when they want it quick and inexpensive. When two partners are in agreement regarding the property, children and other support measures without the necessary presence of legislators (lawyers, mediators etc) to draw things up, this is the way to go.

Procedure

Mutual Consent Divorce in IndiaUnder the procedure, if the concerned party has their agreement drawn up, the process can be as simple as handing in the necessary documents to a lawyer, who will then present it to a judge. A neat and sorted agreement usually gets easy approval from courts.
On the other hand if you are using a lawyer, his job includes:

  • Representing one of the spouses.
  • The client and lawyer work through the various options available.
  • If the other partner agrees to the documents drawn up, a signature from both is all that is required and you are sorted.

Advantages And Disadvantages

Although this route seems the most convenient method, it is better to be acquainted with when and why it will work and when not.

Advantages

The most obvious advantage of filing for such a separation includes the low cost. Separating is not an easy process, and the lesser money spent on it, the better. Apart from the low cost, it still leaves the dignity and privacy of the parties involved intact.
Disadvantages
The disadvantages listed in the law include the circumstances in which such a procedure cannot take place.
  • In marriages that house domestic violence and high levels of conflicts, an easy agreement is hard to achieve.
  • Also, when substantial assets are involved, a lack of legal experts being involved  might be a bad idea. Even if one partner tries to dupe the other, the high correlation between greed and ignorance becomes obvious.

Cost And Prices

The cost of this method is inexpensive compared to most others. However you might still find a range of costs for  services being offered. Your expenditure may range from 1200$ to 120$. In India you’ll find these rates to be even lower. More often than not, it’s a per session ( hour ) rate that is followed. Perhaps the sort of lawyer really does make a difference in such a low cost scenario too!

Statistics

Though 95% of cases in the United States go the uncontested way, the numbers in India is far lower. Since it’s easy, inexpensive, and faster to get done with, people here are gradually warming to the idea. Sometimes unmediated and collaborative separations are also considered uncontested, hence maybe the high percentage.
In the end, it would do good for Indian couples to note the many advantages of opting for an uncontested divorce in India.