Divorce Lawyers in Chennai

Introduction

Would you like to get a divorce in Chennai, either mutual or contested? You've come to the correct spot! The greatest legal staff at Lawtendo will guide you through the Chennai divorce process. Let's take a closer look at the reasons for the divorce before getting into the specifics of the divorce.

It is said that marriage is a holy institution. A marriage is considered to be in a state of divorce when there is a breakdown in the bonds between the two partners. One may file for divorce for the reasons (enumerated below) that follow. There are two ways to acquire a divorce. These have been covered in the article's further details.

Which sorts of divorces are most common in Chennai?

In Chennai, there are primarily two kinds of divorce that occur. They are as follows:

1. Divorce by Mutual Consent: This type of divorce is obtained when both parties mutually decide that the terms and conditions of the marriage are insufficient or inappropriate for them to continue their relationship for an extended period of time.
2. Contested Divorce: This type of divorce can only be granted by a judge once a request for a divorce decree in Chennai has been made. This kind of divorce is typically granted for the reasons that are covered in more detail below.

Thus, in Chennai, these are the kinds of divorce that are most common.

What is the difference between a Mutual Consent Divorce and a Contested Divorce in Chennai?

What prerequisites must be met in order to file for a Mutual Consent Divorce in Chennai?

The following general requirements must be met by all parties, regardless of faith, in order to get a divorce in Chennai by mutual consent:

1. Reconciliation between the parties is no longer feasible at this point.
2. Each of the parties feels that their marriage ought to end.
3. For over a year, the divorcing parties have lived apart from one another.

Thus, in order for a divorce to proceed with Mutual Consent in Chennai, these requirements must be fulfilled by both spouses.

Documents required for filing an application for Mutual Consent Divorce in Chennai

To file an application for a mutual consent divorce in Chennai's civil courts, a very minimum collection of paperwork is needed. The following documents are required:

1. Two husband’s passport-sized photos.
2. Marriage certificate, if the union is legally recognised
3. Marriage Invitation Card - 4 Income Tax Statement for the three years prior to the marriage
4. Evidence of the Husband and Wife's Identity
5. Proof of Husband and Wife's Address.
6. Two passport-sized photos of the spouse
7. Information about any property that the parties jointly own.
8. Evidence indicating the husband and wife are not living together; evidence that their attempts to make amends have been fruitless.

This is a list of the paperwork that the parties need to have on hand when they file for a mutual consent divorce in Chennai. The aforementioned list is quite general in nature and is not based on any particular personal legislation. If necessary, other documents can be added to the list.

What is the process to file an application for Mutual Consent Divorce in Chennai?

In Chennai, the process for initiating a divorce by mutual consent is as follows:

1. Filing a combined application: Bringing a combined application before the Civil Court that has jurisdiction is the first step in getting a divorce in Chennai by mutual consent. The application ought to include the names and personal information of both parties, the date and location of their marriage, the length of time they have been living apart, the cause of their separation, and all previous attempts at cohabitation. In Chennai, both the husband and the wife must sign this petition.
2. Parties' appearance: Following the filing of the petition, the Chennai civil court schedules a time for both parties to appear. Generally speaking, civil courts allow a cooling-off period of at least six months, and at most eighteen months. Calling the parties to the petition is the second motion, with a six-month deadline. However, if it serves the interests of the parties and the civil courts are convinced that there is no longer any possibility for reconciliation, this cooling-off period may be lifted.
3. Returning to the Second Motion: As we have already read the Chennai Civil Courts typically allow a six-month cooling-off period following the parties' appearance. The court will then record each party's statement and proceed to decide any outstanding matters pertaining to child marriage, custody, or maintenance. Ultimately, the Chennai Civil Courts will issue a decree for Mutual Consent Divorce.

Thus, in Chennai, this is the process of getting a divorce by mutual consent.

Which jurisdictions in Chennai will be used to file a Mutual Consent decree?

Typically, civil courts with varying jurisdictions have this right during the general proceedings for getting a mutual divorce order in Chennai. The following is a description of the jurisdictions that the civil courts enjoy:

1. The last address where the wife lived.
2. The last address shared by the husband and wife.
3. The Court where the parties' marriage was consummated.
4. The last address where the husband lived

As a result, these are the civil court locations with jurisdiction to receive applications for mutual divorce decrees in Chennai.

What paperwork is needed in Chennai to file an application in the Civil Court for Contested Divorce?

The following paperwork is needed to file for a contested divorce in Chennai:

1. Evidence of any failed attempts at communication between the parties
2. Statements of Income for the previous three years
3. Evidence of both parties' residency.
4. Photographs showing the spouse together.
5. Information about jointly owned property, if any

Reasons for filing an application for Contested Divorce 

A list of circumstances and conditions that directly dispute being a basis for a contested divorce in Chennai has been supplied in accordance with the laws. The legislation itself has provided an explanation of the following grounds:

1. Conversion: If one spouse leaves the marriage and becomes a follower of a different faith, the other spouse may file for a contested divorce in Chennai on that basis.
2. Leprosy: Leprosy is a mental illness that can cause significant lesions and nerve damage. It is also an infectious sickness, which is why it may be grounds for a contested divorce in Chennai.
3. Adultery: When one party to the institution of marriage engages in a sexual relationship outside of marriage, it is the most contentious basis for getting a decree for a contested divorce in Chennai.
4. Dissertation is the state in which one person intentionally ends a relationship with the other with the goal of never getting back together. Two years is the cooling-off time for obtaining a contested divorce in Chennai on these grounds.
5. Mental Illness: In Chennai, there may be grounds for a contested divorce if one of the partners has a mental illness of any kind that is causing them to become abnormal.
6. Renunciation from the World: When a spouse has committed himself to the worldly order and left the world behind.Cruelty: One partner's threat to the other's life or limb qualifies as a reason to file for a contested divorce in Chennai.
7. Not heard of partner: If one of the partners has not been located or contacted for the last seven years, the partner may file for a disputed divorce on this basis.

These are the grounds according to the Hindu Succession Act for filing an application for Contested Divorce in Chennai. However, these grounds can be taken by other religions for seeking a Contested Divorce in Chennai. 

How to file an application for Contested Divorce in Chennai?

A Civil Court in Chennai issued a ruling for a contested divorce in six phases. The steps are as follows:

1. Petition filing: The party must prepare and file a divorce petition, together with the necessary court fees, to the Chennai civil court that has jurisdiction over the case. For this reason, speaking with a legal specialist is crucial. You will receive assistance from the Lawtendo legal staff throughout the process.
2. Issuance of the Summons: Sending a summons to the opposing party is the next stage in getting a contested divorce decree in Chennai. This is done by the Civil Court. Serving the summons has the primary purpose of informing the other party about the legal proceedings and requiring them to respond accordingly.
3. Beginning of the Trial: If the other party appears after the summons is issued, the witness statements and both parties' statements are recorded. More summonses have been issued to that effect if the other side fails to appear on the day of the trial.
4. Argument: The civil courts have heard both sides and recorded their arguments.
5. Making of the Decision: The Civil Court makes the final decision following a hearing with both parties. Any party may file an appeal with the Chennai upper courts against the Civil Court's order delivering the decision if they are unhappy with the ruling.

Therefore, in order to get a decree for Contested Divorce in Chennai, an individual must follow this method.

How long would it take for a Divorce Decree to be issued by the Civil Court in Chennai?

Although it takes at least six months, the divorce by mutual consent is a less time-consuming and efficient procedure. But in Chennai, a decree for a contested divorce takes between 18 and 24 months.

Frequently Asked Questions (FAQs)

Q1: How long does it take to get a divorce with mutual consent?

A: It can be awarded between six months and two years.

Q2: Is it possible for one party to back out of a mutual divorce?

A: Yes, it is possible for a partner to change their mind during a mutual consent divorce.

Q3: Is it possible for an NRI to apply for a divorce through mutual consent?

A: Yes, a non-resident Indian (NRI) may submit an application for an order of mutual consent in the same manner as an Indian, provided they provide additional documentation proving their jurisdiction.

Q4: Can a Civil Court give a Mutual Consent Divorce without following the cooling-off period?

A: Yes, the court has the authority to waive the cooling-off period in extraordinary circumstances.

Q5: Is a Contested Divorce Refused by a Court?

A: Yes, provided the court determines that the case has flaws in the law or that the reasons for the divorce are incorrect.

Q6: Do both parties have to be present during arguments in the Chennai Civil Court?

A: Indeed, attendance at the first and second motions of the Chennai hearings is mandatory for both parties.

Q7: Can a mutual consent divorce be filed if the spouses have not been separated for a year?

A: No, the petition must be filed after a minimum separation period of one year.

Q8: Are there any specific guidelines for asset partition in a mutual consent divorce?

A: Yes, parties must reach an understanding on asset partition as part of the mutual consent divorce agreement.

Q9: Can a mutual consent divorce be obtained without disclosing specific reasons for divorce?

A: Yes, specific reasons for divorce may not need to be disclosed in a mutual consent divorce.

Q10: What role does counseling play in a mutual consent divorce proceeding?

A: While not mandatory, counseling is often encouraged before initiating a mutual consent divorce to facilitate informed decision-making.

Q11: Is child custody automatically granted to one parent in a mutual consent divorce?

A: Child custody is typically based on the agreement reached by both parties in a mutual consent divorce.

Q12: Can an estranged spouse contest a mutual consent divorce after the decree is issued?

A: Contesting a mutual consent divorce decree is generally not allowed once it is issued, except under specific circumstances.

Q13: How are debts and liabilities addressed in a mutual consent divorce?

A: Parties must reach an understanding on the division of debts and liabilities as part of the mutual consent divorce agreement.

Q14: Is it possible for a mutual consent divorce to be revoked after both parties agree?

A: Revoking a mutual consent divorce after both parties agree can be challenging once the decree is issued.

Q15: Can a mutual consent divorce be granted if one party resides abroad during the proceedings?

A: Yes, a mutual consent divorce can be granted even if one party resides abroad during the proceedings.