Divorce Lawyer at Andheri, Mumbai

Lexwork is one of the best Divorce Lawyer at Andheri. A divorce is among the foremost traumatic occurences for any couple. to add to the present, it can even be a windy and expensive affair in India if the divorce is oppose. Eventhough couples that mutually conform to the divorce however, they should prove that they have been separated for a year before the courts contemplate their plea. In India, as with most concern, rules for divorce are connected to faith. Divorce among Hindus, Buddhists, Sikhs and Jains is ruled by the Hindu marriage Act, 1955, Muslims by the Dissolution of Muslim Marriages Act, 1939, parsis by the Parsi wedding and Divorce Act, 1936 and Christians by the Indian Divorce Act, 1869. All civil & inter-community and different marriages are governed by the Special Marriage Act, 1956.

Divorce Lawyer in Mumbai

Types of Divorce Petitions:-

  1. Divorce With Mutual Consent: When husband & wife both agree to a divorce then the courts will consider a divorce with mutual consent.
  2. Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the different petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without any reason.

What is the procedure for divorce in India?

The procedure varies according to facts of the case and relief sought by the client. All the Indian Laws do not grant easy divorce, rather the aim of the Family Laws in India is to very much make divorce as difficult as possible to give the couple a chance to reconcile. Getting instant and speedy divorce even under mutual consent is not possible in India unlike in some Western countries. In case of Mutual Consent Divorce, the parties i.e. husband and wife have to file a Petition together, and they will get a hearing date 6 months later after the date of filing of the petition for mutual consent divorce. However counseling session is done after the filing of the petition to save the matrimonial ties. It is also known as cooling period which means if the couple decides to withdraw the petition than they can do that without any hesitation and if both the petitioner still want to go for divorce than after six completion of six months they can verify their evidence, thereafter divorce order is usually granted and after 15 days, the Parties through their Advocate can apply for getting the certified true copy of the Divorce Order, which is usually issued after around 3 month. The certified copy of Divorce order is sufficient to serve as proof of divorce. In case of Contested Divorce i.e. under Cruelty or other applicable Laws, the process can last almost take 3 years or more, depending on the punctuality of the other party, delaying tactics of the other party, efficiency and burden of the Court itself i.e. factors which are outside the control of the Lawyer. Also the dutifulness of the client in gathering and collecting the Evidence is crucial in the outcome.

How long does it take to get divorce?

In case of Mutual Consent Divorce, the parties i.e. husband and wife have to file a Petition together, and they will get a hearing date 6 months later, it is also known as cooling period which means if the couple decides to withdraw the petition than they can do that without any hesitation and if both the petitioner still want to go for divorce than after six completion of six months they can verify their evidence, thereafter divorce order is usually granted and after 15 days, the Parties through their Advocate can apply for getting the certified true copy of the Divorce Order, which is usually issued after around 3 month. The certified copy of Divorce order is sufficient to serve as proof of divorce. In case of Contested Divorce i.e. under Cruelty or other applicable Laws, the process can last almost take 3 years or more, depending on the punctuality of the other party, delaying tactics of the other party, efficiency and burden of the Court itself i.e. factors which are outside the control of the Lawyer. Also the dutifulness of the client in gathering and collecting the Evidence is crucial in the outcome.