Documents needed and steps to get divorce in Indore
Whether you are opting for a mutual consent divorce or contesting it, there are a few things about both you should know to get the divorce. In this story, we will tell you about the steps involved, time taken, costs involved, and documents you will need to get the divorce and so on.
How much time does it take?
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases. So in case of divorce by mutual consent, it usually takes 18-24 months.
In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.
What is the cost involved?
The court fee is nominal at Rs 50, but most of the money is taken up by lawyer’s fees. While women can avail of free legal services by getting an advocate from the legal aid cell, private lawyers’ fee can vary from Rs 10,000 to Rs 1 lakh, depending on the type of divorce and duration involved, and the legal servecies you are loooking for. Advocates can charge on the basis of each hearing or as a lump sum on an annual basis. Women can also ask for litigation expenses from husband via court, but the amount granted by the court is usually less.
Which documents will you need?
Depending on the type of divorce, the court may ask for:
- Address proof of husband and wife.
- Details of professions and current earnings of husband and wife.
- Certificate of marriage.
- Information regarding family background.
- Photographs of marriage.
- Evidence to prove that the husband and wife have been living separately for more than a year.
- Evidence proving failed attempts at reconciliation.
- Income tax statements.
- Details of property and assets of the parties.
- Other documents too may be needed, depending on facts and circumstances of the case.
What are the steps involved?
- In Mutual consent divorce
STEP 1: First Motion involves joint filing of divorce petition.
STEP 2: Husband & wife appear before court to record statements after filing of petition.
STEP 3: Court examines petition, documents, tries reconciliation, records statements.
STEP 4: Court passes order on First Motion.
STEP 5: Cooling off period of six months given to couple by court to rethink decision.
STEP 6: Filing of Second Motion is done within 18 months of First Motion.
STEP 7: Decree of divorce passed by the court.
- In Contested divorce
STEP 1: Filing of petition by the husband or wife.
STEP 2: Court issues summons and seeks reply from the other spouse.
STEP 3: Court may suggest reconciliation.
STEP 4: Examination and cross-examination of witnesses and evidence.
STEP 5: Counsels for both parties present final arguments.
STEP 6: Decree of divorce passed by the court.
Contact Advocate J.S. Rohilla today for Indore’s most trusted and reputable representation in Divorce cases in Indore.
Adv. J.S. Rohilla
Cell: 88271 22304
