Frequently Asked Questions
Check out some of the common questions
FAQs: How to File Divorce without a Lawyer in India?
Q. What is the procedure for divorce in India?
A. Divorce can be granted by a court of law in India , for which appropriate petition is filed.
Q. How to file a divorce without a lawyer in India?
A. If you have no idea to how to file a divorce without a lawyer in India and no lawyer is suitable to handle your case, so you can learn to how to file a divorce without a lawyer in India and proceed to start a divorce without a lawyer. It must be complying with all the procedure before the court all by yourself. You need to produce the application either with the petition or after the petition has been filed.
Q. “How to file a divorce without a lawyer in India” , is it feasible in India?
A. Yes, “How to file a divorce without a lawyer in India” is feasible in India.
Q. How to file a divorce in India?
A. There are two ways to file a divorce in India :
1. Mutual Divorce
2. Contested Divorce
Q. How to file a divorce in India online?
A. If your divorce is uncontested, filing online may be the way to go. Getting divorced online is a common way for couples to end their marriage. Many companies provide divorce forms online. These websites prepare forms for you based on the information you provide.
Q. How to file divorce petition in Mutual consent divorce?
A. Following steps are involved in Mutual consent divorce :
STEP 1: First Motion involves joint filing of divorce petition.
STEP 2: Husband & wife appear before court to record statements after filing of petition.
STEP 3: Court examines petition, documents, tries reconciliation, records statements.
STEP 4: Court passes order on First Motion.
STEP 5: Cooling off period of six months given to couple by court to rethink decision.
STEP 6: Filing of Second Motion is done within 18 months of First Motion.
STEP 7: Decree of divorce passed.
Q. what are the documents required for mutual divorce in India?
A. Marriage invitation card, marriage ceremony photo, marriage certificate ( if available), birth certificate of child ( If begotten), Photo ID proof of Petitioners ( Both the parties), Residential proof of petitioners ( Both the parties), Proof of last residence if pleaded for jurisdiction on the pint of last residence, 2 passport size photographs of both the parties, Any other documents asked by lawyer.
Q. What are the basis of getting divorce in India?
A. Cruelty, Adultery, Desertion, Conversion, Insanity, Leprosy, Venereal Disease, Renunciation, Presumption of Death.
Q. What does desertion means in Divorce?
A. Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and without his consent.
Q. What is considered adultery in a divorce?
A. Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex. Even the intercourse between the husband and his second wife i.e. if their marriage is considered under bigamy, the person is liable for the Adultery.
Q. How did the jointly owned house divide during the divorce process in India?
A. Since it’s a joint house, its divided equally between the husband and wife. Else a case for Declaration can be filed and it shall be divided as per the share each contributed.
Q. Is there any need to change Divorce laws in India?
A. Yes. Irretrivable breakdown of marriage needs to be incorporated apart from making it more progressive.
Q. What is the difference between Divorce and Annulment?
A. A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid.
Q. Can a divorce be done without going to court?
A. Not under Hindus. Though Muslims can get divorced under personal law.
Q. What is unreasonable behavior in divorce?
A. “Unreasonable behaviour” is the term used to describe the fact that a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them.
Q. What is no-fault divorce?
A. No-fault divorce is a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. It is not applicable as per Indian Law.
Q. What is an uncontested divorce?
A. An uncontested divorce basically means that both spouses agree on all of their divorce-related issues.
Q. What is collaborative divorce?
A. Collaborative divorce is an option of couples who feel they can work out their divorce settlement themselves but still want legal protection.
Q. What is the difference between legal separation and divorce?
A. Judicial separation does not terminate the marriage, whereas in divorce the parties are no longer husband and wife.
Q. What is the difference between contested and uncontested divorce?
A. If a couple is able to come to an agreement about all the major issues before trial, that is called an uncontested divorce. Conversely, if there are one or more significant matters that the couple cannot agree on themselves, it is a contested divorce.
Q. What is the difference between marriage annulment and divorce?
A. An annulment of marriage is a legal decree that a marriage is null and void. Annulments are granted when a court makes a finding a marriage is invalid. While a divorce ends a legally valid marriage, an annulment treats the marriage as if it never existed.
Q. What are the rules for mutual consent divorce?
A. The parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.
Q. What is the procedure for mutual divorce for couple married under special marriage act?
A. Under the Special Marriage Act it was laid down that a couple may present a petition for divorce by mutual consent on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed to divorce.
Q. If one spouse is not ready to appear for second motion of mutual divorce? What are the remedies available for the second person?
A. In a Divorce by mutual consent, both the parties have the freedom to withdraw their consent as the consent cannot be taken by coercion. However, if you and your wife had entered into a settlement agreement while filing the divorce by mutual consent whereby the amount of maintenance was mentioned and other terms and conditions of separation were enumerated, then you can initiate contempt of court proceedings against the second person.