Divorce Lawyers in Kolkata

Introduction

If you're looking to file for divorce from your partner, you've come to the right place! Lawtendo's top Kolkata lawyers can assist you 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. Whether your divorce is disputed or mutual, the Lawtendo legal team will help you every step of the way.

Nuances of Divorce in Kolkata 

When two married people decide to dissolve their marriage because they are unable to live together, this situation is referred to as a divorce. One may argue that marriage is a sacred institution given the sanctity attached to it. A marriage is considered to be in the divorce stage when there is no longer any emotional bond between the partners. There are several reasons why a divorce could be approved. There are two ways to file for divorce. You can visit this page to discover more about them.

Kinds of Divorce in Kolkata 

In Kolkata, divorces usually fall into one of two categories. That's precisely what they are:

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

Thus, in Kolkata, these are the most common divorce scenarios.

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

What actions are required in Kolkata in order to file for a Contested Divorce?

A civil court in Kolkata created a six-step procedure for contentious divorces. The steps involved are as follows:

1. Drafting the Divorce Petition: If the divorce petition is appropriately drafted and filed with the necessary court filing fees, it will be accepted by the Kolkata Civil Court, which has jurisdiction over the case. For this reason, it is imperative that you seek out experienced legal counsel. The attorneys at Lawtendo will guide you through the process.
2. Sending the Summons: The Civil Court will then serve a summons to the opposing party in order to get a Contested Divorce decree in Kolkata. A summons has two primary purposes: it informs the opposite party that legal action is being initiated and it demands an answer.
3. The Trial Begins: If the other party appears after the summons is issued, the statements made by both parties and the witness statements are recorded. Additional summonses have been sent out in the event that the other party fails to appear on the day of the trial.
4. Argument: Following the hearing, the parties' arguments were videotaped by the civil courts.
5. Final Judgement of the Civil Court: The Civil Court makes a ruling following the hearing of arguments from both parties. If a party is unhappy with the civil court's decision, they can file an appeal against the order issuing the ruling and take their case to the higher courts in Kolkata.

Information needed to file for a petition for Contested Divorce in Kolkata

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

1. Proof of an ineffective attempt to broker a peace
2. Information on any assets that are jointly owned
3. Three years' worth of income tax returns; proof of each party's residence; and images of the couple together.

Thus, this is the information that parties are required to keep it with themselves while applying for a petition of Contested Divorce in Kolkata. 

When is it appropriate to have a Contested Divorce in Kolkata?

As everyone knows, a  Contested Divorce occurs when one party files for divorce on the other's behalf in a court of law. The laws of Kolkata have established a number of circumstances, some of which expressly dispute being grounds for a Contested Divorce . The Act itself offers the following explanations:

1. Mental Illness: The other partner may be entitled to petition for a Contested Divorce  in Kolkata if one of the partners is acting strangely due to a mental illness.
2. Adultery: In Kolkata, having intercourse with someone else while not married is considered adultery, and it is the hardest ground on which to get a decision for a Contested Divorce .
3. Cruelty: Kolkata allows Contested Divorce is to be filed where one spouse endangers the other's life or limb.
4. Partner unseen: A partner who has not communicated with or been unable to find the other spouse for the preceding seven years may file a petition for a contentious divorce.
5. Desertion: When one partner willfully leaves the other with no plans to return, it is referred to as a desertion. Due to these factors, a Contested Divorce  in Kolkata cannot be pursued until after a two-year waiting period.
6. Renunciation from the World: The action of a spouse leaving the world and then committing to its structure.
7. Conversion: In Kolkata, the other spouse may file for a Contested Divorce  if one of the married couples has had a religious conversion.
8. Leprosy is an infectious disease that can result in severe lesions and nerve function loss. Even though it's a mental disease, it could be the cause of a contentious Kolkata divorce.

These are the terms under which a spouse wishing to file for a Contested Divorce  in Kolkata must petition to the Civil Court.

What documents must a partner have in order to petition for a Mutual Consent Divorce in Kolkata?

The civil courts in Kolkata require the submission of an application for a divorce by Mutual Consent together with a reasonably simple set of supporting papers. The following documents must be prepared by the parties before filing for a divorce by Mutual Consent in Kolkata. The previously mentioned list is somewhat extensive, however it can be narrowed down even more if more papers are required. It is not based on any particular personal laws. To proceed, you must have the following files:

1. The husband and wife's incapacity to coexist is proof that their attempts at reconciliation were unsuccessful.
2. Two passport-sized photographs of the wife.
3. The couple's passport-sized photos.
4. An entire trilogy of income tax returns
5. Pictures of the card that was delivered to the invitees. 
6. Information on any assets that the parties may jointly own.
7. Marriage licence, should the government acknowledge the union
8. The proof of address that the wife and husband have submitted serves as identification for them.

As a result, these documents must be kept on file when a couple files for divorce in Kolkata with Mutual Consent.

Brief procedure to file a petition for Mutual Consent Divorce in Kolkata

The following is the process in Kolkata for initiating a divorce by Mutual Consent. Due to the complexity of the procedure of obtaining a divorce by Mutual Consent, legal counsel in Kolkata is typically required. Request help from Lawtendo and our experts will provide you with the right guidance on this subject!

Step 1: Send the Civil Court a Joint Application: To start a divorce in Kolkata by Mutual Consent, the parties must submit joint applications to the Civil Court that has jurisdiction over the case. Names, contact information, marriage location and date, length of separation, reason for separation, and previous attempts at cohabitation should all be included in the application. The husband and wife in Kolkata must sign this petition.

Step 2: Appearance of the Parties infront of the Civil Court: The Kolkata civil court sets a time for both parties to be summoned after the petition is filed. Courts typically grant parties a six-month cooling-off period in civil proceedings, up to a maximum of eighteen months. The petitioners will be informed about the second motion in six months. However, lifting this cooling-off period may be in the best interests of the parties involved if the civil courts determine that there is no longer any chance of reconciliation.

Step 3: Appearance of both the Parties on Second Motion: As we have already read in the section above, the Kolkata Civil Courts typically give the parties six months to respond to the Second Motion following their attendance. The court will settle any unresolved issues, such as child marriage, custody, and support, after recording each party's statement. In the end, the Kolkata courts will decide in favour of divorce by Mutual Consent.

Thus, in Kolkata, a divorce by Mutual Consent is processed in this manner. Seek expert guidance from us whenever you run into difficulties!

Requirements that must be satisfied in order to initiate a divorce by Mutual Consent in Kolkata

Before filing for a divorce in Kolkata based on Mutual Consent, a few conditions must be met. Divorce by consent is only legal in Kolkata if all parties, religious or not, meet the following basic requirements:

1. The parties think that their union should be terminated.
2. There's no way that the parties can come to an agreement at this moment.
3. Less than a year has passed since the divorce parties parted.
4. A few conditions must be met before a Mutual Consent Divorce in Kolkata may begin.

Hence, in order for divorce in Kolkata to be concluded with Mutual Consent, both parties need to fulfil these requirements. In Kolkata, a Mutual Consent divorce is only allowed if all parties—religious or not—fulfill the above listed general standards.

How can I find out which Kolkata court will consider a divorce suit filed by Mutual Consent?

In Kolkata, civil courts typically exercise a number of authorities in order to obtain a mutual divorce decision during routine business activities. The following categories of jurisdiction are available to civil courts:

1. The Wife's former residence.
2. In the marriage tribunal, the parties were legally wed.
3. The husband's former residence, where he and his spouse once resided.

Thus, the aforementioned Kolkata Civil Court jurisdictions may handle matters involving the filing of divorce orders by Mutual Consent.

In how much time Is a decree for Divorce is issued by the Courts?

The Mutual Consent Divorce process still requires at least six months to finish, despite being a quicker and less involved procedure. However, a Contested Divorce  decree in Kolkata can take anywhere from 18 to 24 months to finalise.

Frequently Asked Questions (FAQS)