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The Top Divorce Lawyer Delhi Are Here
Divorce is stressful and can be agonizingly painful to the involved parties. Wading through the wide maze of law can make it even more frustrating. You will need a skillful lawyer in Delhi for divorce procedures to get to a quick settlement. Our lawyers are willing to work actively with you on every step so that you can come out of mental torture at the easiest.
We always try the conciliatory approach to find a solution. Our divorce lawyer in New Delhi will leave no stone unturned to make the concerned parties come to an amicable settlement. It is one way to ensure quicker closure to the cases so that our clients can get on with their lives at the earliest.
If our client finds the terms or conditions of mutual consent to be unsatisfactory, our divorce advocate in Delhi will move the courts for a contested divorce. Nevertheless, our lawyers are committed to working with you through each step to help you get the rightful justice that you deserve.
You might be worried about divorce lawyer fees in Delhi. Let us ease your worries right away, because you will not have to pay us anything for the consultation. Moreover, we do not charge any fees unless we help you win the case.
The best thing about the BestDivorceLawyersDelhi platform is that you will not have to face financial burdens during your difficult times. You will find it comforting to work with the best divorce lawyer Delhi without shelling out money from your pocket.
The Process of Getting a Divorce in India
Make Up Your Mind
Firstly, you will need to make a strong decision if you want to get officially separated from your spouse. Even though the court gives 6 months for reconsidering, it is better to stick to your decision. If you have even a small opportunity to reconcile with your spouse, we recommend you give it a try first.
It will be a loss of time, effort, and money for you if you change your mind later. Our divorce lawyers in Delhi will not make any attempts to influence your thoughts in any way, so you will need to make a final decision on divorce before approaching us. We are always open to counsel and guide you on child custody if you have questions.
Plan with Your Lawyer
We urge you to talk to our expert divorce lawyer Delhi for planning your divorce. They are compassionate and know all about the frustrations and mental breakdowns that lead to the separation of matrimonial bonding. Our lawyers have seen the trauma and uncertainty among our clients seeking a divorce, especially if there are children involved. They will guide you all the way to make your experience as painless as possible.
We will first understand all about your case and suggest the best solutions that will help your future. For our women clients, we plan the best ways to help them get the right compensation and maintenance money to lead a good life ahead. We will also make proper plans on other matters like child custody, alimony, property distribution, etc. Don’t hesitate to give us a call for a free consultation today!
Filling For Divorce
The filing process for divorce with mutual consent is different from that of a contested divorce. Even the legal process is completely different in both types.
In case of mutual consent divorce, both the spouses will need to file the divorce petition jointly. A single lawyer can represent both partners in these cases. The case of this type of divorce will take about 18-24 months, and the partners need not mention any grounds for their matrimonial separation. The departing husband and wife will themselves decide on related aspects like property distribution, alimony, child custody, etc.
In the case of a contested divorce, one of the spouses will need to file the divorce petition. All the steps in this type will be mediated through separate lawyers from each side. It can be filed on various grounds like desertion, adultery, mental disorder, dowry harassment, venereal disease, etc. These cases will take more time for settlement, nearly 3 to 5 years.
Our expert divorce lawyers in Delhi will guide you through each step of the process, right from filing the petition to getting the decree in the end. Please don’t hesitate to get in touch if you are seeking separation from your spouse.
You will need to prepare all the necessary documents for filing your divorce petitions. Some of the important documents are
- Proof of address of both the spouses
- Professional or business details and earnings
- Marriage certificate
- Family background information
- Marriage paragraphs with both the husband and wife in the same photos
- Proof showing that they have been living separately for at least 1 year
- If any reconciliation attempt in the past had failed, then the petitioner will have to furnish the proof.
- Income Tax Information
- Complete information on all the assets and properties owned by each spouse.
There might be a requirement for some more documents depending on the circumstances of the case, but you need not worry. Our divorce lawyers in Delhi will help you prepare for your case in a systematic manner. Contact us today for help on your divorce!
Divorce under Hindu Marriage Act, 1955
Divorce under the Hindu Marriage Act 1955 is the legal termination of Hindu marriage by a competent court of law. The Act lays down the grounds on which divorce can be sought by either the husband or the wife, including cruelty, desertion, conversion to another religion, and insanity among others. The divorce proceedings can be initiated by either party and are usually accompanied by a legal separation period and a settlement of financial and custody matters.
Steps to get a divorce under Hindu Marriage Act 1955 in India
Getting a divorce under the Hindu Marriage Act 1955 in India involves the following steps:
- File a petition: Either spouse can file a divorce petition in the appropriate court, citing grounds for divorce.
- Serve the petition: The petitioner must serve a copy of the divorce petition on the respondent.
- Appearance of the parties: Both parties must appear in court on the date specified in the divorce petition.
- Proof of grounds for divorce:The petitioner must prove the grounds for divorce as specified in the petition.
- Waiting period:If the court is satisfied with the proof, it may grant a decree of divorce, but there is a mandatory waiting period of 6 months from the date of the petition before the divorce can be finalized.
- Final decree: After the waiting period, the court may grant a final decree of divorce, dissolving the marriage.
It’s advisable to consult a reliable divorce lawyer to understand the legal process as well as rights and responsibilities under the 1955 Hindu Marriage Act.
Not to worry because we will
stand strongly with you.
We are here to help you dissolve your wedding and come to an amicable settlement with your ex-spouse as early as possible. We will drive compelling negotiations with your separated spouse or their lawyer to come up with terms that are fair and reasonable.
We will also guide you on each step to make it easy for you to handle the difficult phase of your life. We always make sure that our clients will not have to settle for anything less than what they rightfully deserve. We will stand with you till the closure of your case.
How to choose the right divorce lawyer?
Bestdivorcelawyerdelhi.com is a platform that makes choosing the best divorce lawyer Delhi simple. For the success of a divorce case, it is essential to choose a legal representative wisely. Divorce cases are tedious and if the capabilities of the divorce lawyer are overlooked it can break the case. Therefore, before settling on a divorce lawyer, there are few important qualities one must look for including experience, communication skills, availability, sufficient resources, negotiation skills, perception, confidence, planning strategies, and respect for clients.
To find the best divorce lawyer in Delhi NCR, remember more experience is equivalent to more knowledge. This means that the lawyer has handled a lot of cases and possesses detailed knowledge and skills to deal with complicated legal proceedings associated with matters regarding property, finance, and children in such cases. It is recommended to hire a lawyer with more experience, but if the case does not involve multiple complexities then settle with someone not well-established but has good credentials.
Before hiring a divorce advocate in Delhi, consult a couple of other lawyers. A face-to-face initial consultation gives an idea of the potential lawyer’s style, competence, and support staff capabilities. The lawyer’s availability also matters in terms of schedule and even distance. There are complaints about lawyers not paying attention to their clients. Thus, choose one in proximity to the court and house to reduce the travel cost. It is also difficult to commute daily for detailed case discussions.
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How long will my divorce case last?
The fastest way to resolve your divorce case is by going for mutual consent. The applicants get 6 months to consider the mutual consent divorce application. Only if any of the separating spouses objects in that time, the case will get contested. So ideally the decree of divorce for mutual consent should be settled in 9 months.
Contested cases will take a longer time depending on complications related to alimony demands, proofs, etc. We can help you move your case to the fast-track court if the judicial procedure drags on for more than 2 years.
How to get a divorce fast?
The fastest way is by getting mutual consent from both the separating spouses. We have a track record of helping most of our clients get the decree with out-of-court negotiations. We aim to help you get the closure of your case at the earliest.
What makes BestDivorceLawyersDelhi the best source for finding divorce lawyers in Delhi?
The bestdivorcelawyersdelhi.com is an interactive platform, which helps finding the top-rated mutual divorce lawyers in Delhi. The founders started the platform with a mission to access leading, on-demand, and cost-effective divorce lawyers.
The platform is not a law firm offering legal services or consultation or lawyer referrals but a medium that connects people with the best divorce lawyers in Delhi having excellent credentials to handle –
- Divorce settlement
- Mutual consent divorce
- Complicated contested divorce
- NRI divorce
- Child custody
- Alimony cases
- Domestic violence issues
- Divorce transfer in High Court & Supreme Court
On bestdivorcelawyersdelhi.com, clients can look for the best divorce attorney in Delhi close to the court and their home in the city. Because filing a divorce petition in a court nearby ensures that the court has jurisdiction over the parties involved in the divorce and can make decisions that help them. It is also more convenient for the parties to attend court hearings and participate in legal proceedings.
Couples who wish to get married under the Special Marriage Act can legally tie the knot in court. BestDivorcedLawyersDelhi also has a list of court marriage lawyers in Delhi. They can serve couples with exceptional counsel about marriage and handle the entire court marriage process.
NRIs can find it difficult to handle complex divorce case issues like marriage annulment, child custody, etc. On an average, it can take 2 to 3 years to resolve the legal matter. Hire the top-rated NRI divorce attorneys in Delhi and cut short the process conclusion time.
Every case is different, choosing the right lawyer is important. Bestdivorcelawyersdelhi.com is customer-centric and efforts are made to decrease the stress factor from the equation. Dedicated lawyers and case managers support clients round the clock. Don’t feel anxious about the charges because there are no upfront fees charged. The lawyers get paid only after their client’s case is won.
On bestdivorcelawyersdelhi.com, people can find well-established and credible divorce lawyers across Delhi courts including Tis-Hazari-Court, Karkardooma, Dwarka, Saket, etc.
What are the fees you charge for a divorce?
When you are working with our lawyer, you will not have to face any financial burden. We shall initially inform you about the fees, but you can pay us only after we win the case in your favour. Generally, divorce lawyer fees in Delhi costs about Rs.25,000 to Rs.35,000 for mutual consent divorce depending upon the complications.
Why do I need a lawyer for mutual consent divorce?
Yes still do need a lawyer. Even though you will not need representation in the court, you will still have to follow all the procedures to get the decree. You will need the best divorce lawyer in Delhi NCR to make sure that all the procedures are duly followed as directed by the court.
Can I file a divorce case in place of my family member?
Yes, you can, as long as the person gives you the Power Of Attorney to file the case. Sometimes women might not be able to meet the lawyer directly to get the divorce case filed, which is when some family member or a friend can do so on their behalf.
Can you help me move my divorce case to another court?
Yes, our lawyers have the complete know-how of what it takes to get the transfer petition approved by the High Court or Supreme Court. We will try all means to help you face your divorce case with the least hassles as possible. Contact our best divorce lawyer Delhi today. We offer a free consultation to anyone who approaches us.
Are You Aware of Different Types of Divorce Petitions in India?
A spiritual or legally binding bond between two people is marriage. These days, many people frequently experience problems in their marriages and desire to escape the responsibilities or constraints of matrimony.
Because Hindus view marriage as a sacramental union, divorce and separation were once frowned upon in the society. However, when people’s perspectives shifted, they began to think more generously, and India’s legal reforms included provisions for divorce.
Divorce can be defined as the termination of the marriage contract and the associated obligations. A divorce petition is a legal document that is filed by a husband or wife who wants to divorce their partner through a certain Divorce Lawyer New Delhi.
The Personal Laws of the Religions govern the partners’ marriage and divorce.
What are the different types of divorce can be filed under Hindu law?
Divorce under Hindu law can be classified into 2 types:
- Mutual divorce:
Section 13-B of the Hindu Marriage Act governs mutual divorce. As the name implies, in a mutual divorce, the husband and wife mutually agree and give their agreement to an amicable divorce.
There are only two prerequisites for requesting a mutual divorce: one is that both parties must agree to the divorce and the other is that they must have lived apart for at least a year.
- Contested Divorce:
A contested divorce is one where one or both spouses file for divorce. The grounds for pursuing a contested divorce are outlined in Section 13 of the Hindu Marriage Act, 1955, and include things like cruelty, religious conversion, mental incapacity, communicable sickness, or either partner being unheard for longer than seven years.
Muslims can divorce one another by mutual agreement in one of two ways: khula divorce or mubarat divorce.
In this type of divorce, the wife considers asking the spouse to get a divorce on her own terms.
In mubarat, the divorce is a mutual decision between the husband and wife. If the spouse accepts the offer made by one party, the divorce is finalised.
The grounds for filing a divorce petition are outlined in Section 13 for both husbands and wives. The reasons are as follows:
Adultery is the first defence. Whether the husband or wife engaged in sexual activity with someone other than their spouse.
If one of the parties to the marriage commits any act of cruelty, the other party has the right to apply for divorce.
Deserting your spouse by leaving the marital home is known as desertion. Divorce is possible if a husband or wife has deserted their spouse for two or more years.
A divorce petition may be filed against a Hindu husband or wife who changes to a different religion.
- Unsoundness of mind
It becomes grounds for divorce if the spouse has an incurable mental disease to the point where it is reasonable to assume that they cannot coexist.
- Communicable disease
Leprosy in its incurable form and venereal illness are further grounds for divorce.
- Renunciation from the world
Divorce is permitted on the basis of renunciation of the world. If a person gives up on the world, their spouse may apply for divorce.
- Presumption of death
Any person whose whereabouts have been unknown for seven years is eligible for divorce.
- Judicial separation
If the partners, who were living apart as per the judicial separation decision, have not cohabited for a period of one year or longer.
- Restitution of conjugal rights
A divorce petition may be filed when the husband or wife receives the decree of conjugal rights and there has been no restitution of those rights for a period of one year or longer.
A divorce lawyer in delhi can help you to obtain your divorce under any of the above reasons.
Why Hiring A Divorce Lawyer is Crucial To Get divorce Smoothly?
Divorce may be a solution for many things for couples, but it is not an easy thing. These cases involve countless challenges. You must deal with emotional stress and the confusing and complicated legal proceedings when parting your ways with your spouse. You need a competent divorce lawyer to make this often confusing and complex process much less stressful for you.
The divorce lawyer in Delhi can assure you to protect your right at every step of the process. You may sometime wonder why you need a professional lawyer because they often charge a considerable fee. Even though such cases involve a huge cost, it is still wise to have a competent divorce attorney by your side. It is not wise to take a divorce case lightly.
Many people think they can take care of their divorce cases. What they don’t know is that it can lead them to the path of litigation, a complicated and lengthy process. At the same time, you don’t wish to face any infidelity issue popping up during the court proceedings. You may always have a feeling of having something additional at stake when the officer asks you about it.
There are some ways divorce affects families physically and emotionally, and financially too. The wisest choice is to get the best divorce lawyers for your case if you don’t want to regret it later. In this way, you can ensure that everything will resolve smoothly. There are plenty of other reasons, apart from this one, why you need a professional and reliable divorce lawyer. As you read through this post, you will get to know these reasons and many more. So, skim through it.
Reasons to hire a divorce lawyer
The most prominent reasons to hire a divorce lawyer for your case include –
- They can refrain you from making critical decisions in haste.
- They will assist you in navigating through the complicated legal system.
- They can help you hire or get help from other experts if needed.
- They will help you maintain a financial and mental safeguard.
- They will handle the enormous number of documents on your behalf.
- They will expedite the process.
You have the reason to hire Delhi divorce lawyers. The next step is to know what to expect from your lawyer.
Things to expect from your divorce lawyer
Selecting a divorce attorney can be a challenging and time-consuming procedure. You need a lawyer immediately, but evaluate the prospective candidates to know whether they have the qualification to handle your case. People often have no idea what to expect when hiring advocates for your case. That is why choosing the virtuous one is crucial, and you should understand what to expect from them.
Below is the list of what to expect from your divorce lawyer.
- Counselling on expenses
- Truth discovery
- Easy to contact
- Attempting to settle
- Preparing for trial
Talking is crucial when hiring a divorce lawyer. It will help you understand their expertise, and by discussing your case, you will get an idea about their understanding and skill in the specific area. At the same time, you will know how they will take forward your case. The cost of hiring a lawyer may vary. However, it may cost around 1lakh or more.
It is essential to hire a lawyer near you. The documentation and process of divorce require are time-consuming. It is better to hire near you as it is easier to contact and meet in person to discuss details. If you are wondering about the quickest way to get a divorce, mutual consent is the one.
It is also a less torturous process of getting a divorce. However, it is a less – time-consuming divorce procedure and has nominal litigation fees. It still requires a lawyer’s help to settle the process.
What Are The Grounds To File A Divorce And Document To Support?
Seeking divorce in India is a long, drawn-out affair. It involves many legal procedures and takes a minimum of six months to see the results. Divorce is a lengthy process involving the presentation and verification of numerous documents and assuring compliance with the procedure for getting the divorce. The process becomes extensive and more tedious in the absence of documentation.
Hiring a Divorce Lawyer New Delhi will help you to cut these unnecessary hurdles and help you prepare all the required documentation. Depending upon the basis of divorce, you may find differences in the documents needed for a divorce case. To make things smoother, here is a guide to prepare the documents you need for a hassle-free and easy divorce procedure. However, before collecting the essential documents, you must comprehend the different grounds for divorce in India.
What is the different basis for Divorce in India?
As per the Hindu Marriage Act 1955, both spouses, either the husband or the wife, can file for a divorce. It enables the petitioner the right to dissolve the marriage officiated before and after the commencement of the Act. A petitioner will get a divorce based on the following actions by the other party.
- When treating the petitioner with cruelty after officiating the marriage
- When the other party had voluntary sexual intercourse with anyone other than their spouse after the solemnisation of marriage.
- Deserting the spouse for a sustained period of not less than two years instantly preceding the presentation of the divorce petition.
- Ceasing to be Hindu or conversion to another religion
- Incurable unsound mind, or suffering intermittently or continuously from mental disorder to such an extent and kind that the other spouse cannot reasonably look forward to living with the respondent
- Suffering from diseases or diseases in a communicable form or Leprosy
- Having a venereal disease in a transmissible way
- Repudiating the world after entering any religious order
- Not hearing anything about being alive for seven or more years by any person who would naturally have heard
The documentation for the divorce case may vary depending upon the grounds for filing the petition. Here is the list of some conventional documents for divorce filing.
What are the documents for filing a divorce petition?
Whether you are going for mutual consent or contesting a divorce case, your divorce lawyer in Delhi will ask you to present the following documents –
- Address proof of both the spouse
- Current earnings and details of the profession of the husband and the wife
- Certificate of their marriage
- Details of their family background
- Photographs of their marriage
- Evidence to prove that the spouse has been living separately for a year or more
- Proofs of the failed attempts at reconciliation
- The income tax statement for the last 2-3years of the spouse
- Information about the assets and property of both parties
You may also need to present other documents depending on the circumstances and facts of the case. As such, you need to show a medical report of physical abuse if filing for divorce based on cruelty. In such circumstances, you also need to present the evidence showing cruel behaviour and statements of witnesses who have witnessed the brutal act. At the same time, provide evidence and proof of adultery when filing for divorce based on infidelity.
Therefore, you need to present some documents irrespective of the basis of the divorce. However, to prove the ground of the petition, you will need documental evidence. There is no fixed rule that authorities need documents. Instead, documentation serves and evaluates what suits best for your case. You need documentation to support your claim when filing your petition to dissolve the marriage. The divorce application form is easily obtainable online. You can check it at any time.