While Filing Divorce.
1) When can I file for divorce?
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage.
In case you wish to file for a divorce before this one year, you will have to go for a contested divorce and make your grounds very clear to the court.
2) What are the grounds for divorce available to one in India?
Simply put a contested Petition for Divorce can be filed on the following grounds;
- Adultery
- Cruelty
- Desertion
- Renunciation
- Not heard of for 7 years
- Conversion
- Mental Disorder
- Veneral Diseases
- Leprosy
3) Where can I file for divorce?
You can file for divorce at a District Family Court where:
your marriage ceremony took place, or
you last resided with your spouse, or
your spouse is residing at the time of filing for divorce.
4) How long will it take for me to get a divorce?
A mutual consent Petition would take anywhere between 6-8 months to get decided upon, however a contested Petition (where one spouse wants a divorce) can take very long even up to 3-5 years or even more.
5) Does one have to travel to India to file for divorce?
In the era of social distancing, one is not required to travel to India to file for divorce. The same can be done by executing a POA (Power of Attorney) in favor of a friend or family who live in the same district as the Court in which filing is to be done.
6) Is registration of marriage a necessary ground for filing of divorce?
No, registration of marriage is not necessary. In the event that your marriage is not registered an Affidavit can be submitted in the Court along with the Divorce Petition.
7) What terms should be decided for mutual consent divorce?
- In a mutual consent divorce, all the terms and conditions that are to be decided by you and your spouse are:
Maintenance and Alimony
Custody and Access of minor child, if any
Division of debt (if incurred any) and
Separation of joint property
8) Am I eligible for maintenance in the period between filing a contested Petition for Divorce and the Divorce decree?
Yes, the non-earning spouse may claim for maintenance during the interim period between filing the contested Petition and the date of the Divorce Decree. The same can be done by making an Interim Maintenance Application in the Court.
