Divorce Lawyers in Hyderabad

Introduction

Divorces can be mutual or contested. If you want to divorce your spouse then you're in the right place! You will be guided through the process of getting a divorce in Hyderabad by the top legal staff at Lawtendo. Let's take a closer look at the divorce's grounds before getting into the specifics of the legal process.

Meaning of Divorce 

One may argue that marriage is a sacred institution. A marriage is considered to be in a state of divorce when the bonds between the two partners are severed. These grounds (enumerated below) are grounds for divorce. There are two methods to get a divorce. They have been covered in more detail in this article.

Which divorce types are most common in Hyderabad?

In Hyderabad, divorces often fall into one of two categories. These are what they are:

1. Contested Divorce: This type of divorce requires an application for the divorce decree to be granted by a court of law. These grounds—which are covered in more depth below—are typically used to grant this kind of divorce.
2. Divorce by Mutual Consent: A divorce that results from both parties agreeing that the terms and conditions of the marriage are insufficient or inappropriate to sustain their relationship going forward is referred to as a divorce by mutual consent.

Therefore, these are the kinds of divorces that are most common in Hyderabad.

Which situations qualify a person in Hyderabad to file for a Contested Divorce?

In accordance with the legislation, a series of circumstances and cases have been listed that expressly dispute being grounds for a contested divorce in Hyderabad. The following justifications are those that the legislation itself has explained:

1. Conversion: The other spouse may file for a contested divorce in Hyderabad on this basis if one of the married couples has converted to a different religion.
2. Leprosy: Leprosy is an infectious disease that can produce significant lesions and nerve damage. Although it is a mental disorder, it can also be grounds for a contested divorce in Hyderabad.
3. Mental Illness: A partner may be eligible for a contested divorce in Hyderabad if they have a mental illness of any kind that is causing them to become abnormal.
4. Renunciation from the World: The act of a spouse dedicating himself to the worldly system after departing from it.
5. Adultery: In Hyderabad, the most contentious basis for getting a ruling for a contested divorce is adultery, which is defined as one partner entering into a sexual relationship outside of marriage.
6. Cruelty: In Hyderabad, putting one partner's life or limb in danger by the other partner is a reason to file for a contested divorce.
7. Partner unseen: If one of the partners has not been able to locate or be contacted over the previous seven years, they may file for a disputed divorce.
8. Dissertation is the term used to describe a circumstance in which one partner purposefully departs the other with no plans to return. For such reasons, there is a two-year cooling-off period before obtaining a contested divorce in Hyderabad.

These are the reasons that Hyderabad residents may file for a contested divorce.

What paperwork is needed to petition for a Contested Divorce in Hyderabad?

The following paperwork is needed in Hyderabad in order to file for a Contested Divorce:

1. Information about the jointly owned assets (if any)
2. Evidence of an unsuccessful attempt at reconciliation between the parties
3. Evidence of each party's place of residence.
4. Photographs of the spouses together.
5. Income Tax Returns over the preceding three years

How to File for a Contested Divorce in Hyderabad

A Hyderabad Civil Court issued a decree for a Contested Divorce in six steps. The steps involved are as follows:

1. Drafting the Petition for Divorce: The parties must create and file a petition for divorce, together with the necessary court fees, to the Hyderabad Civil Court that has jurisdiction over the case. For this reason, seeking legal advice from a professional is crucial. You will receive assistance throughout the process from the Lawtendo legal staff.
2. Sending the Summons: Sending the opposite party a summons by the Civil Court is the next stage in getting a contested divorce decree in Hyderabad. Serving the summons is primarily done to inform the opposite party that legal procedures are underway and to request a response.
3. The Trial's Beginning: Both parties' statements and the witness statements are recorded when the summons is issued, provided the other party appears. There have been additional summonses issued in case the other side fails to appear on the day of the trial.
4. Argument: Both parties have been heard, and the civil courts have recorded their arguments.
5. Final ruling Rendering: The Civil Court issues a final ruling following hearings from both parties. Any party who is dissatisfied with the civil court's decision may file an appeal against the order of the civil court delivering the decision to Hyderabad's higher courts.

This is the process that a person must go through in order to receive a decree for a contested divorce in Hyderabad.

How long before the Divorce Decree is issued by the Civil Court?

The Mutual Consent Divorce process, which requires at least six months, is a less time-consuming and efficient method. In Hyderabad, a contested divorce decree, however, requires 18 to 24 months to complete.

Conditions to be filled for filing an application for Mutual Consent Divorce in Hyderabad

In Hyderabad, divorce by mutual consent can only be granted if all parties, regardless of religion, fulfill the following general requirements:

1. It has been more than a year since the divorced parties last lived apart.
2. It is no longer possible to reconcile with the parties at this point.
3. It is the parties' opinion that their marriage should terminate.

These therefore are the requirements that the parties in Hyderabad must fulfil in order to proceed with a mutually consenting divorce.

Which regions would be available in Hyderabad to file a Mutual Consent decree?

This right is typically enjoyed by civil courts that exercise various types of jurisdiction in the normal course of operations for obtaining a decree for mutual divorce in Hyderabad. The following categories best characterise the jurisdictions that the civil courts enjoy:

1. The Court where the parties' marriage was performed. 
2. The last residence of the Wife.
3. The location of the husband and wife's previous residence.
4. The last residence of the Husband.

Therefore, these are the civil court locations with jurisdiction over the filing of the Mutual Consent divorce decree in Hyderabad.

Which documents must be submitted in Hyderabad in order to make an application for a Mutual Consent Divorce?

An application for a mutual consent divorce in Hyderabad must be filed in the civil courts with a fairly simple set of documents. The following are the required documents:

1. Two passport-sized pictures of the wife.
2. Two husbands passport-sized photos.
3. Marriage certificate (if the union is registered)
4. Proof of Husband and Wife's Identity
5. The husband and wife's proof of address.
6. Income Tax Statement for the three years prior to the marriage invitation card marriage photographs
7. Evidence that the husband and wife are not living together demonstrates the futility of their attempts at reconciliation.
8. Specifics of any assets that the parties jointly own.

The parties to a Mutual Consent Divorce in Hyderabad must have the following set of documents on hand when they file. The list above is really general in nature and can be expanded with additional documents if necessary. It is not based on any particular personal laws.

How does one go about filing for a Mutual Consent Divorce in Hyderabad?

The following is the process in Hyderabad for initiating a divorce by Mutual Consent:

1. Submitting a combined application: The first step in getting a divorce in Hyderabad by Mutual Consent is to submit a joint application to the Civil Court that has jurisdiction over the case. Both parties' names and contact information, 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 to cohabitate should all be included in the application. Both the husband and the wife in Hyderabad must sign this petition.
2. Parties' physical appearance: The Hyderabad civil court schedules a time to summon both parties to the petition following the filing of the petition. In civil cases, it is customary for the courts to grant a cooling-off period of six months, a maximum of eighteen months. The parties to the petition will be called upon in six months on the second motion. However, this cooling-off period may be lifted if doing so serves the interests of the parties involved and the civil courts are convinced that there is no longer any possibility of reconciliation.
3. Appearance on Second Motion: Pertaining to the Second Motion again, as we have already read in the previous section, the Hyderabad 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 issues pertaining to child marriage, custody, or maintenance. Ultimately, the courts in Hyderabad will grant a Mutual Consent Divorce decree.

Consequently, this is how one goes about getting a Mutual Consent Divorce in Hyderabad.

The distinction between a Mutual Consent Divorce and a Consented Divorce in Hyderabad

Frequently Asked Questions (FAQS)

Q1: Can a Mutual Consent Divorce be granted by a Civil Court without following the cooling-off period?

A. Absolutely, the Court may waive the cooling-off period in extraordinary circumstances.

Q2: A Contested Divorce May Be Denied by a Court?

A. Indeed, provided that the court determines that the case has legal flaws or that the grounds for divorce are incorrect.

Q3: Can one partner change their mind about a mutual divorce?

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

Q4: Can an NRI apply for a mutually consenting divorce?

A. In the same manner as an Indian, an NRI may submit an application for an order of mutual consent, although they will need to provide further proof of their jurisdiction.

Q5: Is attendance by both parties required during arguments in the Hyderabad Civil Court?

A. It is true that both parties must be present for the hearings on the first and second motions in Hyderabad.

Q6: What's the time frame for getting a divorce with mutual consent?

A. It might be awarded in a period of six months to two years.

Q7: Is counseling recommended before initiating a mutual consent divorce?

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

Q8: 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.

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: 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.

 Q11: Is it possible to obtain a mutual consent divorce without disclosing specific reasons for divorce?

A: Yes, a mutual consent divorce can be obtained without disclosing specific reasons for divorce.

Q12: Can child custody arrangements be modified after the completion of a mutual consent divorce?

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

Q13: 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.

Q14: 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.

Q15: Can a mutual consent divorce be revoked after both parties agree?

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