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    FAQ - Delhi Divorce Lawyer

    What are the possible ways to file for divorce in India?

    Divorce proceedings will start in India as soon as one of the parties files a petition in the local family court for a divorce. Multiple factors will determine the local family court’s location. There are two kinds of divorces you can apply for Contested and Mutual. There are different proceedings in both because the grounds for divorce in both cases are very adversely. You also have to remember that since divorces and marriage laws come under personal law, there are different rules and regulations for divorce proceedings for people from other religions.

    A mutual divorce proceeding moves along much faster because the documents for all possible issues are decided upon and filed with the petition itself. Both the parties will have to present themselves in court. However, the proceedings go faster as your divorce lawyer will submit all the documents from the very beginning. 

    There may be some procedural filings and documentation, but that comes at a much later stage. You will have to present in court, irrespective of the kind of divorce you have applied for.

    What are the stages after filing for a divorce?

    Once the petition has been filed by one of the parties at the appropriate family court, the petition should necessarily have the grounds to file for a divorce, as specified under the various personal laws. This is important because they will have to be substantiated with Evidence later. 

    It would help get legal advice from experienced divorce lawyers in Delhi because nothing can be incorrect or missing in the petition. There will be a service of the summons to the other involved party, which means a legal notice will go to the other partner stating that a divorce petition has been filed. 

    This is where you will need the best divorce lawyer because the summons is serviced through a speed post with a letter by your advocate. The partner then has to appear in court on the appointed date decided by the court. A trial will be conducted, and both parties will be allowed to submit their petitions. There will be cross-examinations of both parties. You will be given six months in case of any reconciliation. At the end of this period, a final court order is issued.   

    What documents do you require to file for a divorce?

    In the case of a mutual divorce petition, you will need to keep the following documents ready. They can be used to file the initial petition itself or will be required later on by your advocate. The list is as follows:

    • Marriage certificate
    • Residential proofs of both the parties
    • Proof/Evidence to show the inability to reconcile or mediation
    • Proof of separate addresses/ living separately for a few years. The minimum years required for these criteria vary on the personal law clauses applicable in your case. Your advocate can explain the same documents used as proof in this clause can be presented to you by your advocate.
    • Disclosure of the assets and property of both the parties. In case of any divisions, those clauses must be added to the petition. Since this divorce petition is being signed on mutual grounds, there should be no trial for property division or any other assets.
    • Income tax statements of both parties going back to at least three years need to be added to the petition.

    This is not an exhaustive list of documents that you may require when filing the petition or even much later. However, this list will give you an idea of where you should start looking for the documentation process.

    What are the grounds for a contested divorce in India?

    There need to be specific valid reasons to file for a contested divorce in India. These have been specified in the personal family laws of the country as well. Your divorce lawyer in Delhi will help you understand their conditions properly and even the kind of Evidence required to prove them later. This is important to decide will be mentioned in the petition as the main reasons for filing a contested divorce. Some of the possible causes for a contested divorce in India are:

    • Cruelty: In cases of domestic violence, abuse, torture or any other harm to a partner physically or mentally is considered to be a severe offence under personal marriage laws.  
    • Adultery: If either of the partners in the marriage engages in sexual relations with another person outside the marriage.
    • Desertion: If either partner has willingly decided to abandon their partner, they are grounds for a divorce with no intention of coming back. However, the minimum period for this clause can be filed needs to be at least two years before the petition is filed. 

    These are some examples of clauses included in the contested divorce petition. This is not an exhaustive list, and it can vary according to the religious beliefs of the parties involved in the process. 

    Is it possible to file for a divorce on your own in India?

    While there is a lot of information available on how to file for a divorce in India, it may not always be possible for you to go ahead and file for divorce yourself. This is because it is not possible that you will know every likely clause and by-law that you need to abide by. More importantly, there is a stringent code of filing procedures that need to be followed by both parties. If you make a mistake in these filings, the date for proceedings will keep getting delayed, or the petition may get dismissed altogether. No one wants to take such a chance and wait for legal procedures. 

    What are the different kinds of divorces you can file for in India?

    There are many ways to file for a divorce in Delhi with the help of your divorce lawyer. Your divorce lawyer will check a few conditions, causes, and categories to fully understand what kind of divorce you will be eligible for. There are many ways in which you can file for a divorce in India:

    • Contested: There needs to be a violation of certain rights of any one of the partners in the marriage. The specifications of a contested divorce depend on the religion you and your partner belong too.
    • Mutual: When both the parties want a divorce and meet the necessary conditions, the court will grant you a divorce. You have to take care of many aspects of the filing petition itself. This makes it possible to file for a mutual divorce online as well.
    • Void Marriages: Many conditions can render a marriage legally void. These are specific to your religion as they all come under personal law in India.
    Is it possible to get a divorce in India without going to court?

    It is possible to get a divorce in India without going to court. If you file for a mutual online divorce petition with the help of your divorce lawyer in Delhi, you only have to go to court when you are summoned. Since it is a mutual divorce, you will have to go to court a lot less in comparison to a contested one. This is only because many aspects of property division, custody of the child (if any), alimony, etc., have been decided upon mutually after consulting with the party’s respective divorce lawyers in Delhi.

    This is a speedy and convenient option that many people opt for because of how fortunate it is. This is not only economical, but it will also save you a lot of time. If all the documents and evidence in the petition are correct, you need to be in court to hear the reconciliation period you may have to fulfil. And then the final court hearing granting the divorce. This is ideal when you are filing for mutual divorce, online or otherwise.

    How can you choose the right divorce lawyer for yourself in Delhi?

    Some of the best divorce lawyers in Delhi understand the situation you may be in. It isn’t an easy step to take in anyone’s life. This is why you need a divorce lawyer that you are comfortable enough with to share these difficult moments of your life with. It is beneficial for your case to be completely honest with your lawyer. This is mostly because many aspects can be grounds for a legal divorce in the country. Many of these laws are specific to the community you belong to, and they may not be applicable for all.

    This is why you need guidance from some of the best divorce lawyers in Delhi to fully understand the depth of the problems you face and give you the best possible solutions. It would help if you had petitions and documentation done o time and done to perfection. The petition is all that the court will look at, and this is why your lawyers need to ensure that it is done well.

    Can you file a divorce petition on behalf of someone else?

    No, you cannot file a divorce petition for someone else, and it can only be either one of the partners involved in the marriage. No matter your relationship with either of the two parties, you do not have any legal right to file a divorce petition for someone else. More importantly, there is a long documentation process and signatures by the necessary authorities. This has been done to safeguard both the parties from any exploitation and reserve their right to defend themselves in a court of law.

    It is also possible that an FIR may be filed against you if there are dowry or domestic violence incidents, along with some fines. This is why divorce lawyers in Delhi need to ensure that all the legal proceedings are happening timely and in a proper manner.  

    What should all aspects be taken care of in a mutual divorce before you even file a petition in court?

    Mutual divorce petitions imply that both the parties have amicably agreed upon all possible aspects of their separation and are just moving forward with their decision to get divorced legally. The divorce petition for a mutual divorce needs to include all possible information about the division of assets, custody of the child (if any) and alimony. Some necessary conditions also need to be fulfilled, and the court will require proof for are:

    • Both the parties need to be living separated for over two years
    • There needs to be proof of the separate areas of residence
    • Attempted period of reconciliation in the past

    You need to fulfil many more criteria to get a mutual divorce in India. These are just some examples of it. It is the responsibility of your divorce lawyer to guide you through the entire process and explain all the stages that you will have to go through for the same. Mutual divorces are becoming more common because it saves time and is far more economical for both parties than a contested divorce in India.

    What will happen if either party does not appear in court for the divorce proceedings?

    There is a lot of emphasis on both the parties being present for the hearing dates of the court. The court may ask you to give a statement, sign or ask you verbally if you understand everything in the court. This is important for all divorce lawyers to ensure that the court proceedings are interrupted. There are repercussions for not showing up to court on the given date and time. You can see it as disrespecting the court’s time, and your petition may get dismissed in extreme conditions as well. This is why you need a good divorce lawyer who will know how to manage such situations and help you navigate your way through these proceedings as well.

    It would help if you had some of the best people on your team to ensure everything happens smoothly. More importantly, you need to be well aware of your rights and the possible situations that can take place in your case.



    More Information About Divorce Process

    What are the first signs of divorce?

    The first signs of divorce hint that your marriage is getting worse. But, these signs don’t state that your relationship will fail. Instead, it alerts you to fix problems mutually or move on from a forced relationship. So, here are some signs:

    • Anger, agitation, & hatred: If you stay in a constant state of distress, it may be the initial sign of divorce. Also, the conversation going off-track and setting off an argument is a sign.
    • Lack of communication and apathy: Talking or sharing things may seem pointless. Also, you don’t care whether your marriage lasts or not.
    • Besides, lack of intimacy is a sign similar to infidelity.
    • Feeling lonely & unhappy: You may not like being at home or feel uncomfortable. Also, you may feel alone in your relationship, or your partner may ignore you.

    However, other signs include disrespect, drug addiction, alcohol abuse, or mental health issues.

    How long do you need to be separated before divorce?

    Firstly, you must know that there are types of divorce petitions. Divorce by mutual consent, and another is without mutual consent. For divorce by mutual consent, the couples must live separately for at least a year. And, note that living apart does not mean staying in different places. Also, you may live under one roof but still prove separation. This law comes under section 13B of the Hindu marriage act, 1955, and section 28 of the particular marriage act, 1954. However, section 10A of the divorce act, 1869, requires couples to live separately for at least two years.

    And, in case of a contested divorce, you can file the petition on various grounds, like cruelty, adultery, mental illness, etc. The process of divorce is quite complex. Hence, it’s better to contact the best divorce lawyer for the correct legal advice.

    What is the common reason for divorce?

    Here are some usual reasons that may lead to ending up your marriage:

    • According to some studies, lack of loyalty is a top reason for divorce. Although, it is hard to prove. Also, extramarital affairs, no conversation among couples, etc., are some related reasons for divorce.
    • Besides, there is a ground for no-fault divorce. Like marrying too young, distinct values & priorities, religious differences, etc.
    • Another primary reason is fighting over money. So, any of the partners keeping secret about investments or spending money. Also, they are not able to set financial goals. Or the other person keeps disrupting them.
    • Other reasons may be substance or domestic abuse, fighting over family liabilities, etc.

    As per law, you must have legit reasons to end your marriage. Thus, to better know the grounds for divorce, contact Drall & Associates. You will have the best lawyer by your side. 

    What is the minimum time for a divorce?

    In case of mutual consent, divorce is obtainable in six months. But, you cannot file the petition within the first year of marriage. Also, there is a gap of six months between the first and second motions. In some cases, this cooling-off period can be waived by the court. So, usually, mutual consent divorce may take around 18-24 months.

    The period is more extended for a contested divorce, i.e., three to five years. It is due to the complications and other issues related to the case. And any of the parties may challenge the decision in upper-level courts.

    What is the most typical age to divorce?

    According to some statistics, the most common age to divorce is 30 years. And, 24.60 percent of divorces involve couples aged between 25 to 39 years. Also, mostly the wives file more divorces with an average of 66%. Besides, certain professions have the highest divorce rates, as per a study, such as dancers, bartenders, massage therapists, etc. Many other factors are causing an end to the marriage. For example- couples who marry before 18 years are likely to file for divorce within ten years.  

    Does the wife get half in divorce in India?

    In the case of mutual consent divorce, there is no such rule that the wife will get half of the husband’s earnings or property. Also, she can only demand permanent alimony from her husband. And that depends on the financial status of both parties. She can get all that she brought at the time of marriage. And whatever she got from her parents. But, in the case of joint property ownership or purchase, the wife can get her part at the time of divorce. Hence, to know more about your rights, contact Adv. Arun Drall is a leading family and divorce lawyer in Delhi. You can get the best legal advice and assistance from him.

    Can the wife claim the husband's property during the divorce?

    No, the wife cannot claim her husband’s property during divorce. Also, she can only claim on the joint property or on which she gave a monetary share. But, she can demand alimony for a better lifestyle. The maintenance amount claim should be feasible, and her demands must be valid. And the court decides this amount as per the income and standard of living of both parties. Hence, the wife can claim her rights and contribution to the property. And she cannot claim her husband’s property until she proves her share in the property.

    Can I withdraw my divorce application?

    Yes, you can withdraw your divorce application. And, you can file it later after staying separate from your partner for a few years. It is pretty simple to draw your application. So, mention the reason and present it in court that you want to withdraw your petition. Also, there is no limit to declaring marriage void. But, after you stay separate for two years, you can file for divorce on the grounds of desertion. You can seek advice from your lawyer and get help to remove your application quickly.

    When can we take a divorce after marriage?

    You can apply for divorce at least after one year of your marriage. But, in some rare cases, you can file for divorce instantly after marriage under the Hindu Marriage Act, 1955. In mutual consent divorce, the time may vary between six months to two years. Also, you may have to face a waiting period of six months after filing for divorce. However, this period is not mandatory as per the Supreme Court. Thus, to identify the entire filing process for divorce, contact Drall & Associates today. 

    Why hire a professional divorce lawyer in Tis Hazari court?

    Divorce may completely change the situation of your life. Thus, it is vital to make a wise decision at every step. And an expert lawyer may help you with every legal action in the process. So, here are some reasons to hire a divorce lawyer in Tis Hazari court-

    • A professional divorce lawyer will help you in difficult situations. And offer you some safe and legit legal advice. Also, they provide a sense of confidence about your case.
    • The best divorce lawyer in Delhi will take care of all the intricacies and complex court trials of your case.
    • Also, there is a lot of paperwork hassle in the divorce case process. So, the qualified lawyer takes care of all the paperwork. And they save you from the tiring court files.
    • Seeking a divorce lawyer makes the entire process hassle-free. Also, they may help to resolve your case fast.

    Hence, it can be pretty tough to understand the legal system. The expert lawyer from Tis Hazari will save from making any wrong decisions. And their vast experience will make things easier for both parties.

    While searching for the best divorce lawyer in Tis Hazari court, what things to consider?

    Divorce is a disturbing part of the life of every couple. Also, various reasons lead to divorce. And sometimes, it is a better decision rather than being in a forceful and unhappy relationship. But, the process of divorce may become complex in a few cases. Thus, you need to seek a piece of expert legal advice to avoid further stress. Adv. Arun Drall is the best divorce lawyer in Tis Hazari Court. Also, he is very supportive and understands every situation of such cases well.

    However, you must think about a few things before hiring a Tis Hazari divorce lawyer. So, you should know about their experience in divorce cases. Also, you can research them and their reviews. The lawyer must understand your situation. And they must listen to you and answer all your queries. Hence, these are some deciding factors that one must consider while searching for a divorce lawyer. It would be best to have expert legal support to handle your case. Therefore, Adv. Drall assists you in every step and offers the best solution for your case.

    Who is the best divorce lawyer in Tis Hazari court?

    You will need the best lawyer to handle your divorce case and get a result suitable for both parties. Also, getting and filing a divorce can be tricky. But, the best divorce lawyer will help you understand your situation well. To get the best solution for your case, you can contact Adv. Arun Drall. He is one of the best divorce lawyers in Tis Hazari court. And his experience in handling such cases is vast. So, he knows the gravity of your situation very well.

    However, divorce can tear families apart. And it can badly affect the children, work, and other members. So, to make the divorce process easy, it is wise to seek expert legal help. They will help you find the best possible solution for your case. Also, to avoid things getting messy, it is best to reach out to an expert lawyer. Adv. Drall really supports such delicate cases to a great extent. Thus, the Tis Hazari divorce lawyer will make the whole process simpler. And you will get the most cost-effective and best legal support and solution.

    What are the benefits of hiring a divorce lawyer in Tis Hazari court?

    Seeking the best divorce lawyer in Tis Hazari court benefits you to solve many divorce disputes quickly. So, they will help in filing for divorce and all the paperwork. Also, help in various cases related to your case, such as child custody, dowry, alimony, violence, etc. Moreover, a good legal expert will understand your needs and situation well. There are various divorce lawyers in Tis Hazari court. But, it is crucial to hire the best specialist in divorce cases. Thus, you can contact Adv. Arun Drall for the best assistance in divorce cases.

    Also, one of the benefits of hiring Tis Hazari court lawyers is that they can appear before various courts. Like High court, District court, Supreme Court, Consumer dispute forum, Company law board, and several others. Besides, the best legal support will help you in other divorce processes. So, they will guide you through the process and a few other things. Such as filing petitions, verifying documents, paperwork, legal notice, etc. And amid this stressful divorce case, you can at least stay away from all other tiring procedures. Hence, seeking the best Tis Hazari divorce lawyer lets you have a desirable case outcome and acquire divorce smoothly. 

    Who pays the costs of divorce?

    The person is filing for the divorce, i.e., the petitioner will always pay the fees. But, in mutual divorce, you will need only one lawyer. So, the couple can decide who will bear the cost. If both agree, then the higher-earning party can pay the fees. Besides, the price of a lawyer may vary for different cases. Hence, you must choose the best and most efficient lawyer in Delhi. So, Adv. Arun Drall has vast experience with a higher success rate in such cases. He charges reasonably for excellent assistance. Also, he gains tremendous knowledge about custody, alimony, etc.

    What are the rights of a wife in a divorce?

    A woman needs to be aware of her rights in the legal system. Since India is a secular nation, we have various acts for different religions. Following are some of the rights of a wife in a divorce:

    • The wife can file for alimony based on valid demands and lifestyle.
    • Also, she has the right to claim the child’s custody. It can be joint or exclusive possession. The wife has the right to property on which she shares some monetary value. Also, if the property is jointly registered, she has equal rights as her husband.
    • She has the right to ancestral property after divorce. If she lives in a joint family, she will have an equal share of her husband and his mother and her children after his death.
    • Further, she has rights to stree dhan. So, whatever she brought at the time of marriage, she can claim it all.

    Hence, reach out to a reliable lawyer to avail all your rights in a divorce.

    Is one-sided divorce possible?

    A one-sided or contested divorce is where one of the parties doesn’t want to dissolve the marriage. Yes, a wrong divorce is possible on valid grounds. Such as adultery, cruelty, desertion, contagious disease, mental disorder, etc. Section 13 of the Hindu marriage act explains all these reasons for divorce. Also, both parties will need a divorce lawyer to carry out the proceeding. It is better to opt to end your marriage mutually. Since one-sided divorce can become complicated further, thus, it is wise to seek advice from the best lawyer in Delhi.

    So, get in touch with Adv. Arun Drall and hand over your case to the expert hands.

    Is divorce free after five years of separation?

    Five years of separation is a solid ground to show that your marriage is broken down. Also, it offers you the chance to get a quick divorce. And you may not need to attend court often. It is the only way to cut down the cost of divorce. But, both parties must be present to end their marriage. Thus, you can file a case for contested or ex-parte divorce. It is best to contact an expert family and divorce lawyer to better deal with such situations.

    Is the wife entitled to the husband's salary?

    As stated by the Supreme Court, the wife is entitled to at least 25% of the husband’s salary. Also, the husband must provide the basic amenities and medical treatment for the wife and children. And, if there is no other dependent, the wife can get 1/3rd of her partner’s gross income as maintenance. However, she doesn’t have a right over his total salary. But, she has the right to claim the husband’s basic and decent living standards based on his lifestyle. Go for legal advice from an expert family lawyer at the earliest to understand your rights.   

    Can I get a divorce without my husband?

    Filing and getting a divorce can be challenging. But, it becomes easy with the best reputable divorce lawyer in Delhi. Advocate Arun Drall is aware of all such situations. And, he knows to deal with it very well. Also, both the partners must be present at the time of hearings in court. However, if your husband doesn’t agree to the divorce, then you can file a petition on any grounds under section 13(1) of the Hindu Marriage Act. You must consult a well-versed divorce lawyer to litigate your case and guide you to resolve such issues.

    How do I find the best NRI divorce lawyer in Delhi?

    Divorces are quite a fearful thing in India. But, things are changing with time. But, NRI divorce can be a tedious and stressful process. Thus, finding the best NRI divorce lawyer in Delhi is crucial to ensure a smooth procedure. And it can be pretty tough to find a reliable divorce lawyer in Delhi. So, the below points can help you find the best NRI lawyer for divorce easily-

    • To start with, you can search for the right lawyer online and check the reviews. Also, you can go for referrals from friends or family members.
    • Look for their similar previous cases and expertise. Also, make sure they answer all your queries.
    • Besides, they must charge fair fees. So, discuss their charges, consultation, and paperwork fees before hiring.

    Drall & Associates are the top choices for NRI divorces as they completely understand the gravity of such situations.

    How can the best NRI divorce lawyer in Delhi help me?

    Divorces are a complicated process. And NRI divorce can become stressful due to a lack of correct legal information. Thus, finding the best NRI divorce lawyer in Delhi is crucial for accurate legal advice. Also, they are well aware of legal tactics to handle any NRI divorce issues. Plus, they simplify the entire divorce process and explain your grounds to the court. The expert lawyer will ensure to bring the decision in your favor, mainly in case of a contested divorce.

    Since there can be many highs and lows in such cases, hence, the need for a good lawyer is a must to resolve legal matters or disputes in NRI divorces. Also, hiring a qualified NRI divorce lawyer will save you from tiresome court files. If you cannot visit India, they may help by arranging the hearings via video conferencing. So, the professional divorce lawyer will help you sail across the complex legal system. Thus, seek the best NRI divorce lawyer to get the best possible result for your case.

    Is it possible for the NRI to file a case in India?

    Yes. Filing a divorce petition in India is easier if the marriage occurs in India. Besides, to appear for court hearings for NRI divorce cases, the court grants two options if any one of the parties cannot come to India-

    The court may grant a power of attorney to any person, preferably a family member. And they can conduct the proceedings via video conferencing.   

    So, if you are looking for a lawyer who can help in NRI divorces, you must meet Adv. Arun Drall. Also, to ensure a smooth process, hiring the best NRI divorce lawyer in Delhi is necessary. He has excellent experience in handling such cases.

    What is the process of NRI divorce in Delhi?

    Firstly, you must contact the best NRI divorce lawyer in Delhi for the necessity to file the petition and represent your case. Here is a brief process of NRI divorce in India-

    • Suppose both the parties reside in a foreign country and want to end their marriage. So, they can opt for mutual consent divorce. And the primary condition for the same is the free consent of both the parties, valid as per the Indian law.
    • And both the parties must submit the NRI divorce plea to the family court.
    • Two crucial parts of NRI divorce are maintenance and child custody. So, the parties may decide on this; otherwise, the court decides it based on the financial condition of each party.
    • Typically, the court may adjourn the matter of NRI divorce for six months. And after this period, they have to appear for the second motion. But, in some cases, this waiting period is not compulsory.
    • And after this second motion, the court grants a verdict on the divorce.

    Also, the divorce process can be complex. Hence, the expert lawyers know the NRI laws and correct procedures. And make the entire legal process easier for you.

    Are there any concessions for NRI divorce in India?

    The Indian legal court offers some concessions to NRIs to handle the issues trouble-free. So, here are some of them –

    • If you cannot visit for the court hearings in India, you can still fight your case. So, you can do so with the help of power of attorney for NRIs. But, you can assign this power only to your family member.
    • Also, in the NRI divorce case, both parties get six months. So they can reconsider their decision. And if you don’t want to, they can move ahead with other processes.
    • The court may extend this period by 18 months. And this decision is to give consent between the specific times.

    You will need a trained divorce lawyer who can deal in NRI cases well. Thus, seek an expert NRI divorce lawyer to know better about your rights and the best legal help.

    Why choose the best NRI divorce lawyer in Delhi?

    Adv. Arun Drall is the best NRI divorce lawyer in Delhi. Also, he has significant experience in resolving such cases. He provides the most effective solution for your case. And you will get constant support for your case even if you are unable to visit India. So, you will get the best online help as well.

    Moreover, we offer affordable services for NRI divorce cases. We provide constant support and manage your case without bothering you about the legal ins and outs. Also, we provide all the answers to your queries. Thus, we maintain complete transparency with our clients.  

    So, Drall & Associates are the best and assist quite well in managing the legal issues of NRI clients. We follow a lawful approach while handling the cases. Also, we take care of other issues of NRI cases, such as child custody, alimony, domestic violence, etc. Thus, contact us for the best and most reliable NRI divorce solutions.

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    +91 95823-71616, 9582781616
    advarundrall1616@gmail.com

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