Any one of the legal grounds available in India can be used in a divorce petition. Once one decides to go for divorce, one must be sufficiently ready for the trip ahead. A fundamental understanding of legal procedures is essential. It is essential to complete your investigation before initiating divorce proceedings.
Important Variables between “Contested” Divorce and “Mutual Consent”
In a marriage, a marriage is believed to be the strongest link keeping a couple connected and dedicated towards each other. Many times, it’s advisable for the couples to separate even if various sad situations arise when a marriage seems to be failing. Two methods of divorce are offered by legislation in India: “Contested” divorce and “Mutual consent.”
Divorce by mutual consent:
In this kind of divorce, both of the couples opt to call it quits on their marriage without regard to proving their sides or obtaining judicial rulings. Since the husband and the wife jointly decide about all the terms of divorce this kind of divorce is also called to be uncontested divorce.
Contested divorce:
In a contested divorce, one side wishes to file for divorce while the other side objects to this form of divorce. The word itself makes very evident that one side must oppose the divorce in the court against the other party.
Legal Steps to Take Before Filing for Divorce in Chennai
• Prepare papers: The plaintiff has to first precisely draft several divorce-related documents, including a cover sheet, divorce summons, divorce complaint, financial declaration, exemption certificate.
• File petition: The plaintiff has to submit these files together with the required filing fees after document preparation. They could do this in the county where the other partner resides, in the county where they currently live, or in the county where the pair lived together past.
• Serve papers: After physically giving the papers and asking the other spouse to sign the Acceptance of Service form, after which the other spouse has thirty days to react.
• Disclose finances: You need now be planning concerning several issues including financial backup, shelter, and so on when you intend to be divorced. Share this information with the other spouse either before the first hearing or within 45 days after serving papers.
• Attend mediation: Although not required in divorces where both sides agree on marital terms (uncontested), in contentious divorces involving child support and custody, this process is mandated.
• Negotiate terms: The advised strategy is to be ready to compromise and negotiate divorce terms with the other partner to prevent a protracted and expensive divorce.
• Show up in court: At last, show up for the divorce hearing, support any assertions made in court with proof, and prepare responses to queries a judge might have.
Advocate Sumathi’s role in ensuring a smooth legal process:
Expert divorce lawyer in Chennai Advocate Sumathi will help you with current divorce laws. She will be very important in helping you to follow the right road during your divorce process. The attorney would be better off having significant expertise with divorce cases. Your comfort level with the lawyer should be adequate, as you will need to disclose personal information to her.
Conclusion
Divorce may be psychologically and legally difficult, Knowing the different forms of divorce and the legal processes makes it simpler. Well-preparedness helps you navigate the court system for a “Mutual Consent” or “Contested” divorce. Consult an expert divorce lawyer like Advocate Sumathi to make critical decisions and safeguard your rights and interests.
