How To File For Divorce Online? 91-8877001993

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Updated: 29-03-2024

What is Divorce in India?

Divorce is the legal end to a marriage and terminates the union between husbands and wives and allows them to live lives separate from one another. India largely draws its divorce laws from religious tenets because marriage among these people is considered a sacred bond.

The principal statutes governing divorce in India are as follows:

Hindu Marriage Act, 1955: Applies only to Hindus, Buddhists, Jains, and Sikhs;
Muslim Personal Law, 1937: Acts according to the principles of sharia;
Indian Divorce Act, 1869: Pertains to Christians;
Parsi Marriage and Divorce Act, 1936: For Parsis;
Special Marriage Act, 1954: Covers inter-religious marriages and civil unions.

Every religion has different grounds for divorce, which typically includes the grounds of cruelty, adultery, desertion, mental illness, impotency, and mutual consent. For instance, under the Hindu Marriage Act, Hindus file a divorce petition, while Muslims dissolve marriages on different modalities, such as Talaq or Khula.

What is the Online Divorce Process in India?

In India, an online divorce is a one-stop solution for couples looking to file for divorce as it uses technology to eliminate unnecessary court visits and paperwork. Step-by-step instructions are as follows:

Identify the Appropriate Portal: For example, choose a legal site or online divorce platform that is recognized and offers reliable services for online divorce. It should also have expert legal assistance.
Initial Legal Consultation: Register on the portal and enter the basic details relating to the case. Most platforms give a first consultation with lawyers at no cost.
Document Preparation: Fill out the required forms about your marriage, the reasons behind it, and other relevant information. Upload necessary documents such as marriage certificates, identity proofs, and address proofs.
Draft a Petition: A well-prepared divorce petition will be created on the basis of the information. It is important, as delay may arise from errors.
Mutual Consent or Contested Divorce: If both parties agree (mutual consent), it becomes a faster process. In contested cases, they may require more legal steps and court hearings.
Filing the Petition: The petition may now be filed online or in the relevant court jurisdiction by the site or lawyer.
Virtual Hearings: Many courts are now open to virtual hearings for prelims, especially in the case of mutual consent divorces.
Final Decree: After the stipulated conditions, the court shall furnish the decree of divorce.

Court Fees For Divorce

Certain fee obligations arise when it comes to filing for divorce.
Actual fees differ from state to state and court to court in which divorce petition is being filed.
Normally, fees would run between Rs 500 to Rs 5,000.

Are Online Divorces Legal?

In this age of modernity and digital technology, the online divorce service has come to a lot of people's interest. These online platforms give the easiest way around for fielding documents and providing virtual legal assistance in divorce by mutual consent. But can open divorces actually be legally recognized?

Legality:

Indian courts consider divorce valid if granted after fulfilling legal procedure. And online sites can provide assistance in preparing documents and filing them; however, they cannot entirely replace the necessary court hearings.
The introduction of online hearings in courts has made the facilitation of the process even more enhanced with the onset of the COVID pandemic.

Advantages of Online Divorce Services:

They are definitely economical and save time.
Emotional strain is taken off due to less physical appearance.
It helps in preparing legal documents and filing a petition.
Although in contested divorces it is still important for the court and personal appearance by the parties to be present.

Role of an Online Divorce lawyer

Online divorce lawyers work in making the divorce process easier and much faster today, especially now we have the technology. Here are ways they help clients:

Legal Consultation and Strategy: An online divorce lawyer provides clarity regarding the legal provisions applicable and devises a strategy most appropriate to the client’s needs. They help determine the most advantageous ground for divorce and address related matters of alimony, child custody, and property division.
Document Preparation and Filing: Draft well and thorough petitions since this is the foundation of a good divorce proceeding. A good online divorce lawyer will have the petitions e-filed and check compliance with all documents from the court by making sure that they reach eligible points.
Mediation and Negotiation: Most divorce settlements occur out-of-court through mediation or negotiation. This is assisted by an online divorce lawyer, especially in cases of mutual consent, resulting in an amicable settlement.
Representation during Hearings: Virtual court today is the norm even in divorce hearings. Then, these online lawyers represent clients during hearings, ensuring that the rights of the clients are protected. They master technology to give best arguments and evidence presentation.
Cost Effective and Time Economy: Employing online divorce lawyers can save a handsome sum in legal fees and time. They know how digital processing takes place and can deal with requests faster while requiring the least personal appearances.
Confidentiality and Accessibility: Online lawyers also offer very discreet and accessible legal support, which really comes in handy for people who prefer their affairs very private. The attorneys can consult with clients over a video call or through a secure chat site, making legal assistance even more accessible.

Sharks of Law offers a comprehensive legal solutions facility, providing an extensive collection of information on diverse areas of law by the best professionals. With this law firm, you can search and find a lawyer who can meet your legal requirements for online consultation. The attorneys at Sharks of Law have the necessary expertise across all the fields involved should you have any inquiries that require legal counsel.

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