How to file for divorce

Divorce Divorce is the legal process you follow to end your marriage. Featured Get a copy of your divorce record divorce decree Which type of divorce should I file?

Learn about the types of divorce Which type of divorce should I file? Find out what the divorce nisi period is and when a divorce is finalized. Divorce nisi and finalizing a divorce. Get a copy of your divorce Get access to historic divorce records.

Massachusetts law about divorce Massachusetts law about modifications of family law judgments and orders Chat or text with a law librarian. Online Probate and Family Court locations. Related Services. Feedback Did you find what you were looking for on this webpage? Do you have anything else to tell us? The court may even attempt to bring reconciliation between parties, however, if this is not possible, the divorce matter is proceeded with.

Order on First Motion and passing of 6 months period before Second Motion: Once the statements are recorded, an order on the first motion is passed by the court. Post this step, a 6 months period is given to both the parties to divorce before they can file the second motion. The maximum period for filing second motion is 18 months from the date of presentation of the divorce petition in the family court, unless the petition is withdrawn in the meantime.

Consult: Top Divorce Lawyers in India. Second Motion and Final Hearing of the Matter: Once the parties have decided to go ahead with the proceedings and appear for the second motion, they can do so and proceed with the final hearings.

This step involves parties appearing and recording of statements before the Family Court. Recently, however, the Supreme Court has held that the 6 months period given to the parties can be waived off at the discretion of the court. Therefore, the cooling off period in cases where the parties have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties and if the court is of the opinion that the waiting period will only prolong their sufferings, this 6 months it can be waived off.

If the 2nd motion is not made within the period of 18 months, the court will not pass any decree for divorce. It is also a settled law that either party can withdraw their consent at any time before the passing of the decree.

Decree of Divorce: In a mutual divorce, both parties must have given consent and there shall not be any differences in contentions regarding alimony, custody of child, maintenance, property, etc. Thus, there needs to be complete agreement between the husband and wife for the dissolution of marriage. If the court is satisfied after hearing the parties that the allegations in the petition are true and that there cannot be any reconciliation and possibility of cohabitation, it can pass a decree of divorce declaring the marriage to be dissolved, based upon the facts and circumstances of the case.

The divorce becomes final once the decree of divorce has been passed by the court. There are several documents that the parties would be required to submit for a divorce by mutual consent. Evidence that may prove that the husband and wife have not been living together for more than a year.

Under the Hindu Marriage Act, a contested divorce when one party wishes to go for divorce but the other party does not consent can be filed based upon different grounds mentioned in the Act. The journey of getting a contested divorce begins by consulting an expert divorce lawyer. There is a set procedure for contested divorce as well.

The procedure has been explained below: 1. Preparing the Petition for Divorce: In a contested divorce, a single party is required to approach the lawyer as has been stated earlier. The Petition would have to be accompanied by relevant documents supporting the allegations as made in the petition.

Filing of the Petition: Once the petition has been prepared and all formalities have been fulfilled, it would be filed before the appropriate family court, depending upon the jurisdiction. Scrutiny of the Petition by Court: The court would scrutinize the petition on the first date of hearing and also listen to the opening arguments regarding the allegations and grounds from the lawyer filing the petition. Appearance of the opposite side party in Court: Once the court is satisfied that the matter should move ahead and be adjudicated, it would issue a notice to be served upon the other party.

The opposite party would also have to file a reply to the divorce petition and any other application as the case may be. Direction for Mediation: Initially, the Court will try to resolve the matter between the parties and may also direct them to appear for Mediation so as to reach an amicable solution.

After appearing for mediation with a mediator and in case the mediation is not successful or fruitful, the court would continue with the divorce proceedings. Framing of issues and recording of evidence by Court: The court would then proceed with the matter and frame issues and record evidence. Both the parties would be required to submit evidence, get cross-examined and produce supporting witnesses. This is the most crucial aspect of the entire proceedings - it decides the fate of the case.

After this, a date would be fixed for the pronouncing of the decision. Final decision by the Court: The Judge would give its final decision and if it deems fit, would give a decree of divorce. The verdict is based upon the facts and circumstances of each case. If in case the verdict is not accepted by either party, they can file an appeal against the said order, with the help of a lawyer.

The limitation to file for appeal is 3 months from the date of the order. Several documents are required for contested divorce.

A few are required to prove the ground upon which the divorce has been filed. Some of the essential documents have been listed below:. Evidence supporting the ground on which divorce is sought cruelty, adultery, desertion, lunacy, leprosy, presumption of death, conversion to another religion, etc.

If your marriage is solemnized under the Hindu Marriage Act, , you have nine grounds for divorce provided in Section 13 of the Act under which you can file your petition to divorce your partner. You can file for divorce:. The aforementioned grounds are available for both spouses; however, there are some additional grounds that are available only for wife; for example, if your husband has been found guilty of rape, sodomy or bestiality, you can ask for divorce.

However, if your marriage whether consummated or not was solemnized before you attained the age of 15 years, and you want a divorce, you can do so but only before attaining the age of The divorce petition may be filed at the family court which has jurisdiction over your matrimonial home, i. Women can file the petition either in the family court that has jurisdiction over the place or where the matrimonial home is located or the family court of the locality where she is residing at the time of filing of the petition.

A divorce is among the most stressful occurrences for any couple. To add to this, it can likewise be a complex and expensive issue in India if the divorce is not with mutual consent. Even couples that commonly consent to the divorce, notwithstanding, must assure the court that they have been living separately for more than a year in order to have their petition considered. The suffering does not end until the procedure is over which makes the divorce process even harder for the couple and in such a scenario if divorce is not granted it can make the issue even more traumatic for the couple and their family as well.

Thus, by hiring an attorney a person can make sure that he can avoid delay and get the divorce completed as quickly as possible while saving himself and his family from the stressful procedure of divorce.

Sureshta Devi vs. It was held by the court that this expression means not living like husband and wife. Filing Your Case Get step by step instructions on filing your divorce or legal separation case, with links to forms, instructions, and where to get help. Forms Find all the forms you will need to file your divorce or legal separation case, with links to the forms and instructions where available.

Frequently Asked Questions Read answers to common questions related to filing for divorce or legal separation. Skip to main content Skip to topics menu Skip to topics menu.