How Can I Get A Divorce From My Husband?

In India, the divorce procedure begins with the filing of the divorce petition and concludes with the pronouncement of the final divorce decree. For taking divorce, it is advisable to consult an advocate who can represent you in court. Sharks of law will be the best option for divorce consultation. You can contact our contested divorce lawyer Adv Singh. Moreover, if you are planning for mutual divorce, you can contact Adv Malik or you can search for female divorce lawyers near me and contact her.

Process of getting a divorce from your husband:

• The first step in the divorce procedure is to file a divorce petition with the appropriate family court and pay the required court fees. Divorce petitions can be filed in the three territorial jurisdictions of the Court.

1. The husband and wife's last residing place, as well as their current residences.
2. The wife seeking divorce must file a petition to initiate the divorce procedure in India with the appropriate court.
3. The grounds for divorce must be mentioned in the petition and later supported by evidence. Guidance and advice from an competent  divorce lawyer are required.

• The next step after filing a divorce petition is to serve the husband with a summons and notify them that their spouse has already initiated the divorce process. The summons is served via speed post, with a covering letter written on the Advocate's letter pad.
• After receiving the summons, the husband must appear in court on the specified date. If the husband fails to appear on the specified date, the judge may grant the wife an ex-parte hearing, after which the court issues an ex-parte order of divorce and concludes the divorce proceedings.
• The next step in the Indian divorce procedure is to hold a trial. Following the submission of the respective petitions, the court hears both parties, their witnesses, and evidence. The respective lawyers will then conduct the examinations in chief, cross-examinations of spouses, and evidence.
• Interim orders are another aspect of the divorce process in India. Any party can file a petition in court to obtain a temporary order in respect of child custody and maintenance during the divorce proceeding and after the hearing, and If the court is satisfied, court will provide interim orders.
• This is the most important step in a divorce proceeding, in which the respective advocates argue before the court to establish their clients' contentions based on evidence filed and witnesses deposited. This is an important step in winning the divorce proceeding.
• The final step in the divorce procedure is the pronouncement of the divorce decree. After all of the preceding stages have been completed, the court issues the final order dissolving the marriage . If either party is dissatisfied with the final order, they may appeal to higher courts.

Important Factors to be Considered in Divorce.

The primary issues that must be addressed during a divorce include:

• Alimony is the obligation of married ties to support each other that exists even after the dissolution of marriage, which means that if one of the spouses is unable to support himself or herself, another party is obligated to do so, and the claim for alimony becomes stronger when the husband or wife is willing to take custody of the child.
• In the event of a divorce, the parties reach an amicable agreement regarding child custody. In the case of a contested divorce, the parenting ability of both husband and wife is examined, and if necessary, the court speaks with the child in a friendly manner to understand the child's desires before issuing a custody order based on the child's best interests. Furthermore, regardless of anything, the mother is the child's natural guardian until the age of 5 to 7 years, and thus the custody case would be decided in favor of the mother without prejudice. The Child Custody is the most critical issue in the divorce proceeding. For this, you should hire a good advocate. You can contact Adv Prakash from Sharks of Law to represent you in court.
• The property is settled based on the ownership of the spouses at the time of divorce. But to prove the ownership, an experienced advocate is needed. You can contact Adv Anshul from Sharks of Law for this. You can even search for divorce lawyers for men.

The Sharks of Law educates individuals about legal issues and encourages critical thinking. You can contact our skilled Advocates if you have any legal questions.

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