In this article, we will
discuss what is the cost of divorce in India, what are the factors which affects
the lawyer’s fees for divorce, and lastly the reason why divorce petition is so
Divorce is a legal dissolution of
marriage. A divorce is among the most tragic and painful misfortune for any
married couple. The whole procedure of divorce is definitely a tough affair to
Nowadays, the rate of Divorce is increasing, stigma of divorce
is vanishing, and all of this is happening because of the factor that human
wants are becoming more complex. Human nature wants more, but are not willing
to compromise and also very casual and quick about ending a marriage.
Cost of filing divorce
petition: The cost of filing the petition for divorce in
India around Rs. 250. The procedure of divorce is complex and sometimes it may
even take upto a decade. The time depends upon the nature of the conflict
between the husband and wife and also the intensity of arguments between the
Factors connected to a
lawyer’s fee: The fees of lawyers for a divorce are dependent upon the various factors
like nature of dispute etc. Factors discussed in detail are given below –
Nature of Dispute – A divorce can be a mutual
consent divorce or a contested divorce. Generally, cost of a mutual consent
divorce is less, as there are not many formalities involved. In a contested
divorce, both the parties go through a divorce by a litigation dispute in the
court of law. This procedure involved more time, greater pressure and high
Experience and standing in
the court – If the lawyer hired is decent, it is expected that he/she is to charge
more. Often, an experienced lawyer charges on a per hearing basis which he makes
in the court. He may even charge for each stage of divorce procedure which
includes draft application.
Depends on the
charges/Relief framed – The lawyer’s fees also depend upon the charges framed like
child custody, maintenance, domestic violence. With the increase of the
charges, the workload also increases, so it is reasonable for a lawyer to ask
for more fees in such cases.
Financial status of party
fees also depends upon the financial status of the party who wants to file for
divorce. It is many times seen that many lawyers do not charge or charge a
negligible amount to poor clients. Many lawyers earns only from 10% of their
cases, and the rest 90% cases, they do it for free for indigenous people.
Reasons for expensive
nature of Divorce: Divorce is expensive because of the hefty and complex nature
of Divorce. Also there are many documents required in a divorce petition like
Marriage Certificate, Address Proof of husband, wife and matrimonial home,
passport size photographs, evidence of marriage, evidence that they are living
separately, income statements, profession details, information of both spouse’s
Another reason for increased cost of litigation in divorce
matters is that lawyers often do not try
to end the litigation as fast as possible. They keep on asking for further
dates from the court to file replies. It is a thumb rule that, the cost of
litigation is directly proportional to the time duration of the litigation. This
also increases the cost of litigation in divorce matters.
Cost of Divorce also depends upon the area or jurisdiction where the case if filed. For Example: If the case is going before the Supreme Court, then
the fees will be more. Different lawyers in different cities have different
Does the city where case
is filed matters? Yes, as different
lawyers in different cities have different fees.
How to decrease cost of
Agree with your spouse for a mutual consent divorce. It will save a lot of
Is there any law in India
which states an upper cap for the fees charges by lawyers? No.
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