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Divorce could be a sensitive issue for the couple who has decided to part its ways. Also, the legal procedure involved with the divorce could turn out to be complicated. Especially with the fast-paced lifestyle in present times, the whole baggage involved with divorce including the emotional stress, social pressure as well as economic tension are more than enough to turn one’s life upside down. Thus, the option of applying for divorce via online process does sound applicable and pocket friendly.
As the Indian society does believe in the sanctity of marriage and law is in favour of sorting one’s issues rather than ending a beautiful relationship unless the circumstances demand so, it must be understood that seeking divorce in India could be time taking. This article would help you understand if it is possible to seek online divorce and what is the procedure for it.
The advent of technology has transformed various aspects of our lives, and legal procedures are no exception. In recent times, there has been a growing myth surrounding the possibility of filing for divorce online in India. While discussions with lawyers revealed that an online divorce process was implemented during the pandemic, the current scenario suggests that couples are now required to seek permission from the court, subject to certain conditions.
It must be understood that during Covid-19, all services came to a halt and even the proceedings of the court were held through video conferencing.
The measures were taken due to the pandemic and were sought to be temporary in nature, however, people at far away places were also able to connect with the proceedings conveniently.
While during the present times, these online procedures could be initiated with the permission from the court only. A couple wishing to seek divorce would have to state valid reasons as to why the proceedings should be held online, reviewing which the Court may grant permission for the same
The proceedings for an online divorce could be held online after meeting certain exceptional conditions only, which have been explained here under.
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1. Mutual Consent:-
The most common grounds when filing online divorce is mutual consent to separate. When both parties to the marriage agree to end it and have come to terms with conditions of their separation, the Court may permit them to apply for divorce online.
2. Geographical Conditions:-
In case the partners live in different jurisdictions and are not able to visit the court on a regular basis, the Court may allow them to file the divorce online.
3. Special Circumstances:-
The special circumstance may entirely depend upon the situation of the case. They may be health issues or in situations where an urgent legal intervention is necessary but it is not possible for the parties to be present physically.
Eventhough online divorce procedure is not a regular process, but depends upon the permission from the Court, it would be helpful to be updated with the process. Also, it would be favourable to seek assistance from professionals to have a better understanding of the process.
Sharks of Law offers you a team of lawyers who boast of specialised knowledge in various fields and could offer you different legal strategies to effectively deal with your case in a short period of time.
Steps to Follow When Applying For Online Divorce
When exploring your options to online divorce, numerous steps must be taken into consideration, these include-
As has already been mentioned above, you would have to confirm if you are eligible to apply for online divorce, these criteria include mutual consent to divorce, geographical constraints, any other special situation including any unavoidable health issue.
It is advised to seek proper legal counsel from an experienced divorce lawyer so as to understand the process and documents required properly. Your lawyer will also be able to help you apply for online divorce.
While applying for divorce, you must ensure that you have all the necessary documents with you such as marriage certificate, related financial documents, etc. in the digital format as required so as not to face any administrative or logistic problem.
After gathering the necessary documents, you should visit the official site to initiate the online process, after understanding the whole procedure, fill out the form online with correct details. Also submit necessary documents as required.
Required fees would have to be paid online as has been prescribed.
After having submitted the applications and documents, you will have to wait for Court to review your case. The permission may be granted based on the grounds as have been discussed earlier.
During the hearings it is advised to attend the court hearings properly without wasting the time of the Court, thus, ensure you always have a charged laptop and uninterrupted internet connection at all times.
It must be noted that any additional instruction by the Court must be fulfilled without any interruption, it may be related to court queries, attending the virtual mediation sessions timely, submitting relevant documents
A digital copy of the decision will be released according to the decision of the Court, which shall be legally binding.
It must be understood that the process of the online divorce method may vary from state to state. Thus, it is advised to seek assistance from a professional. \
Sharks of Law offers you a team of experienced divorce advocates who are renowned for their successful dealing of matters related to family law including divorce cases, maintenance issues, child custody related cases, etc. We offer specific attention to each case and these ethical practices ensure trustworthy representation.
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