Divorce Lawyer in Indore
If you are looking for a divorce lawyer in Indore, we are happy to provide legal assistance regarding the same. The legal process of a divorce depends upon the type of divorce case you want to file. If a divorce is contested, it could take more than a year for the marriage to be dissolved. But, when we are here, you don’t have to worry at all . We have a team of Best Divorce Lawyers in Indore. If it is a divorce through Mutual consent, the process will be relatively quicker and easier. Divorce could take more time, when there is a Child Custody Case also. But Our Divorce Lawyer in Indore provides you with the best possible ability to finish the case process as soon as possible.
Divorce through Mutual Consent: When both the parties i.e., the husband and wife mutually agree to obtain a divorce, the courts will grant a decree for divorce with mutual consent. The couple should prove that they have been separated for over a year and that they have been unable to live together. The main characteristic of a divorce through mutual consent is that matters such as children’s custody, maintenance and property rights could be agreed to mutually. If the courts believe that there is a chance of reconciliation amongst the parties then it will order a duration of 6 to 18 months between the date the divorce petition is filed and the divorce decree is pronounced. It is important to note that living separately does not necessarily mean living in different locations; the couple only needs to prove that they have not been living as husband and wife during this time period. Section 13B of Hindu Marriage Act,1995 Talks about mutual divorce. Divorce through mutual consent is relatively inexpensive and quicker than a contested divorce
Withdraw of Consent: Consent given for divorce by ‘mutual consent’ can be withdrawn by either the wife or the husband even after the expiry of the stipulated 18-month period and in such cases, a decree for divorce will not be granted.
Contested Divorce: In case of a contested divorce, there are specific grounds listed under Section 13 of the Hindu Marriage Act, 1955 on which the petition can be filed. The husband and wife are in a conflict when opting for a contested divorce. More often than not, matters such as child custody, maintenance etc are far from resolution. There are 11 grounds for divorce available to both the husband and wife under the law, out of which 5 exclusive grounds are available to the wife against her husband. These grounds are-
Cruelty– Cruelty may be physical or mental. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
Adultery– In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.
Desertion– One spouse deserting the other without reasonable cause (cruelty, for example) is the reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason
Conversion– Divorce can be sought by either spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.
Mental Disorder– If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.
Renunciation of the World– If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce
Presumption of Death– If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.
Documents Required To File Divorce in Indore; India
- Address Proof of Petitioner
- Marriage Certificate / Invitation Card / Photographs
- Affidavit (Income & Expenditure )
- Passport Size Photograph of Petitioner Further Divorce Proceedings will be handled by our Lawyers after Duly Signing VAKALATNAMA
Advocate J.S. Rohilla is one of the finest divorce lawyer in Indore. He is a full family lawyer in Indore dealing with High Court Cases, Supreme Court Cases and Civil Court Cases within Divorce Cases in Indore. Deciding which type of lawyer is to hire can be a complicated process. A divorce lawyer should be able to provide a unique perspective and have extensive experience in the field. It is essential to make sure you choose a highly qualified attorney.
Most legal cases involve filing for divorce. While most cases are straightforward, there may be instances where an attorney will try to be complicated or “stick to the script. If there is any misunderstanding between you, try to resolve it as soon as possible because if it prolongs, it may lead to unforeseen circumstances.
Divorce Advocate in Indore must distinguish between divorce and separation and separate matters from other family law matters. While some separation issues can be resolved through a separation agreement, a divorce is not usually possible. If you and your spouse do not come to a deal during the separation, you can file for divorce. You will still have to file a petition with the court. The main goal of a divorce lawyer is to preserve the relationship between you and your spouse and to ensure that the legal process runs smoothly. During the procedure, a lawyer will help you to identify the needs of each party, create the most available petition, and assist in presenting the case in court: many lawyers are specialising in family law, with specialised areas of focus.
An attorney must focus on family and financial questions, along with related issues. They may also handle any particular medical concerns regarding children. In some cases, they may also be involved in a custody battle. Often, he/she will focus on several different aspects of the situation and may argue the case in court.
Divorce can be the end of a marriage, but many couples think it is just the beginning. A legal representative helps manage child custody, child support, spousal support, and any other children-related matters. When selecting a lawyer, make sure they are familiar with divorce laws. Some cases require an experienced divorce lawyer to prove the viability of the marriage, whether or not the couple had a child together before the separation and many other scenarios that may be necessary to make a successful child custody dispute. Another aspect of divorce that he can handle divorce settlements. These include the equitable distribution of marital assets and household items.
A good divorce lawyer will have experience handling many types of cases involving child custody, including adoption and adoptions. It means they are familiar with domestic relations laws and will know how to handle issues such as domestic violence, child custody issues, visitation rights, and child support payments. A family lawyer will also be familiar with the Code of Professional Responsibility.
There are a few things to watch out for about professional charges and costs. The first thing to look at while hiring a divorce lawyer is they charge based on the half / full hour. Many lawyers offer time-sensitive services like pre-and post-divorce consultation, including counselling, mediation, and consultation sessions. A discussion and subsequent professional charges must be clear in advance, and all fees agreed upon at the time of the consultation.
It is also essential to know that the divorce lawyer you choose should provide everything you need. You will want to know who will keep all of your property, and what will happen to your children. If you are choosing a divorce lawyer regardless of your reason, we strongly recommend you select a Divorce lawyer in Indore who is well experienced in divorce-related issues.