Procedure for Divorce in India: What to Expect at Each Stage of the Legal Process

 This blog talks about the divorce procedure in India, what actually happens at each stage, and how to move through the divorce process in India smoothly by understanding the steps involved.

Filing the petition

The first step in the process of divorce in India is filing a petition in the family court. If it’s a mutual divorce, both spouses file it together. For example, Anuj and Priya agreed to separate and filed a joint petition. But if it’s a contested divorce, like in Ritu’s case, one spouse files the petition stating reasons such as cruelty or desertion.

Court notice and response

After the petition has been filed, a notice is then sent to the other spouse by the court. When the two are on one page, the process is faster. But in a contested case, the other spouse may deny the claims. That’s what happened with Ritu’s husband, and it led to a longer legal battle.

Mediation and settlement talks

Before going into a full trial, courts often suggest mediation. It gives them a possibility to resolve the situation amicably. For example, Arjun and Rhea choose to resolve their custody and financial issues with the mediation process. Mediation as an alternative dispute mechanism In India that can assist you, particularly when you deal with such emotionally draining situations.

Trial and evidence (in contested cases)

If no settlement happens, the case moves to trial. This includes presenting evidence, witness statements, and arguments. Pooja’s case got stuck because she couldn’t prove the claims she had made, showing how important evidence is in the divorce process in India.

Final decree

Court awards divorce decree only after the judge is satisfied. In mutual divorce cases, this usually happens after the second hearing, which is typically six months later. This marks the end of the process of divorce in India.

FAQs

1. Can the six-month period be skipped in mutual divorce?

Yes, in case both parties agree and there is no hope of reconciliation.

2. What happens when one of the partners does not respond to the notice?

The court can continue the case and decide in their absence.

3. Is mediation mandatory?

It’s not compulsory, but most courts suggest it to try resolving issues.