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Marriage in trouble? Get to know the basics of Divorce.
Going through a failed marriage or even facing the practical problems of a failed union is an incredible ordeal. Realising the fundamentals about the divorce law may bring trust and some mental respite before even contemplating one or approaching a lawyer.
Which Law regulates the Divorce process?
Your religion governs the divorce procedure.
Imagine if the Partners belong to various Communities?
In the event that your partner as well as you belongs to various communities and castes, you may seek divorce beneath the Special Marriage Act, 1956.
Do I require a marriage certificate before I get divorced?
No, you do not want a marriage certificate to get a divorce. Any evidence of marriage is great enough. It may also be the individuals observing the marriage or wedding pictures.
What are the ways to get a Divorce?
I will be answering this question with regard to Hindu Marriage Act, 1955.
There are just two manners you could possibly get a divorce. Either of the Partners can approach the Court for Divorce. This is the case where the Court Unilaterally /one sided is approached by either of the Partner.
Have both of you decided to divorce mutually?
The Couple may mutually choose to divorce and approach the Court together. This process is time staking and relatively less distressing.
Which city should you file you’re application for Divorce?
You'll find four things which establish the place where your Divorce can be filed and it can be filed by you at either of the places mentioned below.
It is possible to file within the city wherever your wedding occurred. In the event that you're filing the divorce application one sided then you may file it within the city in which your partner is living at the time of submitting the application for divorce. Additionally you may file divorce application within a city where both of you last lived together.
Are out of touch of your partner for a very long time and aren't aware about the location of your partner?
In that case you make application for divorce in city in which you live.
What are the reasons on which you can seek Divorce underneath the Law?
It is possible for you to seek divorce on the reasons that are following:
- In case your partner has committed adultery.
- Your partner has treated you with harshness, harshness could be physical or mental.
- It has been 2 years that the partner has left you.
- Your partner is affected by mental disorder or some sort of incurable ailment and you can't be anticipated to remain with him or her under such state.
When can the application for Divorce be made?
The application for divorce can be made only after the completion of one year of marriage. In exceptional cases, the Court allows the divorce to be filed within one year of the marriage.
When can you marry again after the divorce?
Once the court has granted you divorce, you can marry after 30 days when the divorce was granted by the Court.
How much does it ideally take for the entire Divorce proceedings before the Court?
The entire Divorce proceedings take approximately 10-12 months to complete. The time may vary depending upon the complexity of the proceedings.