At its most basic, a divorce is a legal method by which 2 parties terminate their legal and financial relationship. But each divorce is different and most involve arguments over things like child custody or division of property. Here are the main points a divorce attorney deals with:-
Types of divorce
When husband and wife both consent to a divorce, the courts will consider a divorce with joint consent. For the request to be taken, however, the couple should be departed for over a year or 2 years (as per the relevant act) and be ready to prove that they have not been capable to live together. Often, even when either husband or wife is uncertain, they still agree to such a divorce because it is comparatively inexpensive and not as traumatic as a defended divorce. Matters such as children’s custody, support and property rights could be allowed to mutually.
In case of a contested divorce, there are special grounds on which the request can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a cause. The reasons are as follows, though some do not refer to all religions.
Cruelty may be physical or mental cruelty.
In India, a man that acts adultery (i.e. has consensual sexual intercourse outside of marriage) can be treat with a criminal offense.
One spouse deserting the other without just cause (cruelty, for example) is a reason for divorce.
Divorce can be sought by a spouse if the other spouse turns to another religion. This reason does not need any time to have passed before a divorce can be arranged.
If the spouse is incompetent in performing the normal functions required in marriage on account of mental illness, divorce can be sought. If the mental illness is to such an area that the normal functions of married life cannot be performed.
If the spouse suffers from a contagious disease, such as HIV/AIDS, syphilis, gonorrhoea or a virulent and incurable form of leprosy, the Hindu Divorce Law in India says that the other party can get a divorce.
If the spouse renounces his/her married life and opts for sannyasa, the aggrieved spouse may get a divorce.
If the spouse has not been heard of as being alive for at least 7 years, by such people who would have heard about such spouse, if he or she were alive, then the spouse who is alive can get a judicial decree of divorce.
1. Address proof of husband
2. Address proof of wife
3. Marriage certificate
4. Four passport size photos of marriage of husband and wife
5. Evidence showing spouses are living separately since more than a year
6. Evidence linking to the failed attempts of settlement
7. Income tax statements for the last 2-3 years
8. Features of the profession and present remuneration
9. Information relating to family background
10. Specifications of goods and other assets owned by the petitioner
The Divorce Litigation Process
The specific path your divorce litigation will take depends upon the facts and conditions of your case, as well as the state you live in. Your judge and your divorce attorney can also affect the way that your divorce legal process unfolds. That having been said, though, most divorce suits follow a similar trajectory.
Divorce litigation typically begins when either you or your spouse records a petition for divorce in court. (This document may have a different name in your way. But its rules are the equivalent. It is a document that says to the Court, “I need a divorce!”)
After filing your divorce petition you either have to formally serve your spouse with a copy of that Petition or your spouse has to deliberately file an appearance in court. Once your spouse has been taken or files an Appearance in court, your case can move ahead.
While your claim is pending, several issues can arise. Maybe you want the judge to grant you short support, custody, or attorney’s fees. Or maybe your spouse isn’t taking what s/he is supposed to do so you want to file a motion to force him/her to do that thing. The specific motions that your attorney will file in your case depend upon you, your spouse, the law in your state, and the facts and events in your case.
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