Divorce Lawyers in Gurgaon

Introduction

Divorces can be mutual or battled for. If you want to file for divorce from your partner, you're in the perfect place! You can get assistance from Lawtendo's top lawyers in Gurgaon with the divorce process. Let's take a closer look at the grounds for the divorce before getting into the specifics of the legal process. The team of lawyers at Lawtendo will walk you through the procedure of obtaining a Divorce be it Mutual or Contested in Gurgaon. 

Divorce at a Glance in Gurgaon

When two parties to a marriage cannot cope up with each other and have reached a situation of annulling the marriage such a situation is known as Divorce. One could claim that marriage is a sacred institution due to the sanctity attached to it. A marriage is said to be in a divorced stage when there is no longer any emotional bond between the two parties. There are several reasons why a divorce may be granted. There are two ways to acquire a divorce. More details on them can be found on this page.

Types of Divorces in Gurgaon 

In Gurgaon, divorces usually fall into one of two categories. What they are is what they are:

1. Contested Divorce: In this type of divorce, the divorce decree must be granted by an application to a court of law. These are the typical justifications for awarding this kind of divorce; they are covered in more depth below.
2. Divorce by Mutual Consent: In this kind of divorce, both parties agree that the terms and conditions of their marriage are too onerous or inappropriate for them to continue as a couple in the future.

As a result, these are the most common divorce cases in Gurgaon.

Essential requirements to file for a Mutual Consent Divorce in Gurgaon

In Gurgaon's civil courts, an application for a divorce by mutual consent must be filed with a rather simple set of documents. The following documentation must be prepared by the parties before filing for a Divorce by Mutual Consent in Gurgaon. The breadth of the previously described list is very broad, and it can be further narrowed down with additional papers as necessary. It is not based on any particular personal laws. The following files are required:

1. The husband and wife's incapacity to coexist is proof that their attempts at reconciliation were unsuccessful.
2. Information about any assets that the parties jointly own.
3. Marriage certificate, if the union is recognised by the government
4. Identity Verification for the Husband and Wife
5. the husband and wife's evidence of address.
6. The two passport-sized pictures of the wife.
7. The passport-sized photos of two spouses.
8. Income Tax Returns for the three years preceding
9. The photos of the invitation card 

Thus, these are the documents that are required to be kept by the parties while filing for a divorce by Mutual Consent in Gurgaon. 

How does one go about pursuing a Mutual Consent Divorce in Gurgaon?

The following is the process in Gurgaon for initiating a divorce by Mutual Consent. The procedure to obtain a divorce by Mutual Consent is a bit complicated procedure and hence always requires the guidance of a legal expert in Gurgaon. Get help from us!

1. Filing a Joint Application to the Civil Court: The first step in getting a divorce in Gurgaon by mutual consent is to file a joint application with the Civil Court that has jurisdiction over the case. Names, contact information, the place and date of marriage, the length of time separated, the reason for the separation, and any past attempts at cohabitation should all be included in the application. In Gurgaon, the husband and wife must sign this petition.
2. Appearance of the Parties: Following the filing of the petition, the Gurgaon civil court schedules a time for the summons of both parties. In civil cases, courts usually give parties a six-month cooling-off period, with a maximum of eighteen months. In six months, the petitioners will be notified regarding the second motion. However, if the civil courts are convinced that there is no longer any possibility of reconciliation, then lifting this cooling-off period may suit the interests of the parties involved.
3. Appearance on Second Motion: As we have already read in the section above, the Gurgaon Civil Courts typically give a six-month cooling-off period following the parties' presence with regard to the Second Motion. The court will address any unsolved issues, such as child marriage, custody, and support, after recording each party's statement. In the end, the Gurgaon courts will issue a Mutual Consent Divorce ruling.

Thus, in Gurgaon, this is the procedure for getting a divorce by Mutual Consent. If you are stuck in any point of time get expert guidance from us!

Requirements to be fulfilled prior to submitting a Mutual Consent Divorce petition

Before filing for a mutual consent divorce in Gurgaon, a number of prerequisites must be met.

Divorce by mutual consent is only allowed in Gurgaon if all parties—religious or not—fulfill the general requirements stated below:

1. There is currently no possibility of the sides coming to terms.
2. The parties feel that their union should dissolve.
3. It hasn't been more than a year since the divorced parties' separation.

Thus, the parties need to fulfil these requirements in order for a mutually agreed divorce to occur in Gurgaon.

How can I find out which court in Gurgaon has jurisdiction over a Mutual Consent Divorce petition?

Civil courts typically gain this privilege by exercising a range of jurisdictions to obtain a mutual divorce decree in Gurgaon during routine business operations. The following categories of jurisdiction are enjoyed by the civil courts:

1. The Wife's former residence.
2. The husband's former residence.
3. The former residence of the husband and wife.
4. The marriage tribunal where the parties were married

As a result, the Gurgaon Civil Court jurisdictions listed above are qualified to handle matters involving the filing of divorce decrees by mutual consent.

How long will it take for the divorce decree to be issued by the Civil Court?

The Mutual Consent Divorce procedure is a less time-consuming and efficient option, yet it still requires a minimum of six months to finish. In Gurgaon, however, the finalisation of a contested divorce decree takes anything from eighteen to twenty-four months.

What is the procedure to obtain a Contested Divorce in Gurgaon? 

A civil court in Gurgaon established a six-step procedure for Contested Divorces. The steps involved are as follows:

1. Creating the Divorce Petition: The parties must draft a divorce petition and send it, along with the necessary court filing fees, to the Gurgaon Civil Court, which has jurisdiction over the case. For this reason, it is imperative that you obtain qualified legal counsel. The attorneys at Lawtendo will assist you with the process.
2. Sending the Summons: The Civil Court will then serve the opposing party with a summons in order to secure a contested divorce decree in Gurgaon. Serving a summons has two primary objectives: it informs the opposite party that legal action is being taken and it demands an answer.
3. The Trial Begins: If the other party appears after the summons is issued, both parties' statements as well as the witness statements are recorded. In the event that the other party fails to appear on the day of the trial, additional summonses have been issued.
4. Argument: Following their hearing, the parties' arguments were recorded by the civil courts.
5. Civil Court's Final Verdict: Following the hearing of arguments from both sides, the Civil Court issues a ruling. Any party dissatisfied with the civil court's decision may file an appeal against the order delivering the ruling in order to take the case to the higher courts in Gurgaon.

Information needed to file for a Contested Divorce in Gurgaon

In order to file a petition for a Contested Divorce in Gurgaon, the following paperwork is required:

1. Information on any assets that are jointly owned
2. Proof of each party's residence; income tax returns from the three years previous
3. Images of the couples together.
4. Proof of a failed attempt at reconciliation

What situations allow someone to go for a Contested Divorce?

As we all know a Contested Divorce is a Divorce which is initiated and filed by one party against the other in a Court of Law. The laws of Gurgaon have delineated some scenarios and instances that expressly dispute being grounds for a Contested Divorce. The legislation itself offers the following explanations:

1. Mental Illness: One partner may be eligible to petition for a contested divorce in Gurgaon if the other is acting strangely due to a mental illness.
2. Renunciation from the World: When a husband dedicates himself to the world's system after departing from it.
3. Conversion: In Gurgaon, the other spouse may file for a disputed divorce if one of the married couples has had a religious conversion.
4. Leprosy is an infectious disease that can lead to nerve loss and severe lesions. Even though it's a mental disease, it could be the cause of a contentious divorce in Gurgaon.
5. Adultery: The most contentious basis for securing a judgment for a contested divorce in Gurgaon is adultery, which is defined as one partner engaging in sexual intercourse with another person outside of marriage.
6. Cruelty: If one partner endangers the other's life or limb, Gurgaon allows for the filing of a contested divorce.
7. Partner unseen: A partner who has not communicated with or been unable to find the other spouse for the last seven years may petition for a contested divorce.
8. Desertion: When one partner purposefully leaves the other with no plans to return, it's referred to as a desertion. In Gurgaon, there is a two-year waiting period prior to filing for a contested divorce because of these reasons.

These are the situations/conditions under which a partner may apply to the Civil Court for seeking a Contested Divorce in Gurgaon. 

Difference between a Mutual Consent Divorce and a Contested Divorce in Gurgaon

Frequently Asked Questions (FAQS) 

Q1: Is it possible for an NRI to consentfully petition for divorce?

A: Similar to an Indian, an NRI may request an order of mutual consent, but they will also require further paperwork to support their jurisdiction.

Q2: Can a Mutual Consent Divorce be granted by a Civil Court without adhering to the cooling-off period?

A: Without a doubt, the Court may waive the cooling-off period in extraordinary circumstances.

Q3: Is it required of both parties to be in person at the Gurgaon Civil Court during arguments?

A: It is true that both parties must appear at the Gurgaon hearings on the first and second motions.

Q4: Can one partner choose not to pursue a mutual divorce?

A: In a divorce based on mutual consent, a party may really withdraw their consent.

Q5: How long does it take to get a divorce when both parties give their consent?

A: It might be distributed in two or six months.

Q6: Is a Contested Divorce Rejectable by the Court?

A: Yes, provided that the court determines that there are flaws in the case's legal handling or that the divorce grounds are incorrect.

Q7: Can child custody arrangements be modified after a mutual consent divorce is finalized?

A: Yes, child custody arrangements can be modified under specific circumstances even after the completion of a mutual consent divorce.

Q8: Is counseling mandatory before initiating a mutual consent divorce?

A: No, counseling is not mandatory, but it is often encouraged to facilitate a more informed decision-making process.

Q9: 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.

Q10: Can an NRI apply for a mutually consenting divorce without being physically present?

A: An NRI may apply for an order of mutual consent without being physically present, using legal representation or virtual means.

Q11: Can a mutual consent divorce be revoked after the decree is issued?

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

Q12: Are there any specific guidelines for the division of assets in a mutual consent divorce?

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

Q13: Can the duration for obtaining a mutual consent divorce be expedited in exceptional cases?

A: No, the duration for obtaining a mutual consent divorce typically follows a prescribed timeline, although it may vary.

Q14: Are specific reasons for divorce required to be disclosed in a mutual consent divorce?

A: No, specific reasons for divorce may be kept confidential in a mutual consent divorce.

Q15: Can one partner change their mind about a mutual divorce?

A: In a mutual consent divorce, a party may, in fact, withdraw their consent.