How long does it take to get a divorce

Marriage is a union characterised by love, commitment, mutual respect, and a pledge to care for each other throughout numerous lifetimes. Despite commencing with the sincere intention of upholding these vows with utmost dignity and honesty, marriages can, at times, unravel due to various reasons.

Navigating through an unhappy marriage poses significant challenges for a couple. This struggle is particularly pronounced in societies like India, where unhappiness and even abusive marriages are often normalized. In such circumstances, both spouses are frequently advised by friends and family to endure and adjust, further complicating an individual’s journey through such situations

Consequently, various religions, particularly in India, have established their own legal frameworks aligned with customs and traditions to facilitate couples in parting ways amicably or pursuing contested divorces. These laws aim to provide a structured process for separation that respects religious principles and cultural norms while addressing the complexities inherent in marital discord.

In the end, I will explain which type of divorce is better. Make sure you read that.

How can I apply for divorce in India for mutual divorce?

Now, as per the law, there are certain prerequisites which are to be fulfilled before applying for a divorce through either of the methods.

One-Year Separation:

Both partners must have lived separately for at least one year. This doesn’t necessarily mean different houses or locations but indicates they haven’t lived as husband and wife during this period.

No Possibility of Reconciliation:

An essential prerequisite is that both partners genuinely believe reconciliation or mending relations is not feasible.

How can I apply for divorce in India for contested divorce?

As implied by the name, mutual consent is paramount. Both partners must freely agree to dissolve their marriage.

Desire for Separation:

In contested divorce, one partner wishes to end the marriage, but the other is unwilling to legally separate.

Grounds for Filing

Various grounds, including cruelty, adultery, mental illness, conversion of religion, or venereal diseases, can be cited for a contested divorce.

No Fixed Timeline

There’s no specific minimum timeframe for filing a contested divorce. It can be initiated after 30 years of marriage or even within 24 hours.

How much time does it take to get a mutual divorce?

The best route to get a court-issued divorce decree is through mutual divorce, as it is easy and reduces the duration and stress for either party. Hindu law mandates that a couple cannot seek dissolution of marriage before completing one year of matrimony. Additionally, the couple must have lived separately in a non-marital capacity for at least one year. Fulfilling these conditions, along with providing evidence and witnesses attesting to them, allows the couple to apply for mutual divorce. If both parties are on board, even if the one year separation is not met, properly trained witnesses can be produced by the parties to navigate the law.

After submitting the application, the process typically takes 12-18 months to obtain the mutual divorce decree from the court. This duration can be significantly shortened if the court, utilizing its discretionary power, waives the standard 6-month cooling-off period. The cooling-off period provides the couple with a final opportunity for reconciliation. If, after this period, irreconcilable differences persist, the court proceeds to grant the divorce decree. If there are any additional delays, you would have an option to file a petition in the high court urging the lower court to speed up the case.

How much time does it take to get a contested divorce?

Obtaining a contested divorce is an intricate process. In this scenario, one partner is willing to separate, while the other opposes it. The initial step involves the challenging task of selecting a suitable lawyer to represent the contesting spouse’s concerns in court diligently.

Before filing for a contested divorce, the petitioner must amass ample evidence and witnesses to fortify their case against their spouse. This preparation itself is time-consuming. Once filed, the court assesses the arguments from both sides and proceeds only when satisfied. Numerous hearings unfold over months, potentially extending to years, as evidence and witnesses undergo scrutiny.

This process ensures a fair opportunity for both spouses to present their cases and defenses. A contested divorce typically spans 2-3 years, and in complex cases, it can extend to 5 years for a resolution.

However, efforts may be in vain if the aggrieved spouse appeals to the high court against the family court’s decision. This triggers a repetition of the entire process, further prolonging the time for the divorce to reach a final resolution.

How can I apply for mutual divorce?

Filing for a mutual divorce involves several steps, many of which can occur simultaneously to streamline the process and reduce the need for repeated court visits. Here are the key steps:

Filing a joint divorce petition.
Both parties appearing in court.
Scrutiny of evidence & recording of statements under oath.
Passing of the First Motion.
Optional Cooling-off period.
Passing of the Second Motion.
Court issues the divorce decree.

How can I apply for contested divorce?

Applying for a contested divorce is a more extensive process, particularly when one partner is unwilling to consent. The decision-making authority in contested divorces shifts from the couple to the judge, making the process more time-consuming. Here are the steps:

Filing a petition by either the husband or wife.

Issuing of Summons and attending court sessions.Efforts towards reconciliation by the Court.Response/counter-response from the responding spouse.

Scrutiny and questioning of witnesses and evidence.
Legal representatives for both parties conclude with final arguments.
Court issues the divorce decree.
Submission of an Appeal petition, if applicable.

Contested Divorce or Mutual Divorce

It is advisable to consider both mutual and contested divorce petitions. This is because, even in mutual divorce proceedings, if one party decides to halt the process at any stage, they have the power to elongate the divorce period significantly. To avoid this, filing both petitions provides a safeguard. If your spouse is unwilling to agree to a contested divorce along with a mutual divorce, it could be a red flag, and you should discuss this with your lawyer for guidance.

How can Anil Kumar & Associates help you?

When people enter into marriage, they do so with the expectation of a lifelong companionship, sharing both joys and sorrows. However, sometimes marriages don’t unfold as anticipated. Living together may reveal an inability to coexist harmoniously, and the realisation then occurs that parting ways is the best course of action. In such circumstances, legal professionals, particularly those at Anil Kumar & Associates, play a crucial role in facilitating divorce.

With over 32 years of experience in family law and matrimonial issues, our team is well-equipped to assist you. If you find the information provided above helpful, feel free to reach out to us and schedule a complimentary consultation. We are eager to offer our legal expertise and support whenever you need it.