Is It Possible To Divorce Without Going To Court? 91-8877001993

People in India also consider the divorce process to be a lengthy and complicated undertaking involving multiple court sessions and legal works. However, due to new legal norms and increasing preference for alternative dispute settlement mechanisms, dissolving marriages without fighting in the courts is an option that is fast becoming a reality for most spouses.

Legal Framework for Divorce in India

• India, being a multi-religious country, has various personal laws governing divorce which entails the Hindu Marriage Act of 1955 for Hindus, the Indian Divorce Act of 1869 for the Christians, the Parsi Marriage and Divorce Act of 1936 for the Parsis and the Muslim Personal Law (Shariat) Application Act, 1937 for the Muslims. Both contested and uncontested divorce are encouraged under these statutes.
• Divorce by mutual consent may be a little less complicated but contested divorces require a lot of time in court especially when there are several challenges to the proceedings.
• If a couple have lived separately for a period of time and have come up with mutually acceptable terms on issues such as property sharing, maintenance, and child care, a mutual consent divorce will enable them to end their marriage without much animosity. 
• However, the same procedure still involves filing a joint petition and appearing in court for a hearing.

Divorce Without Going to Court: What are the Alternatives?

Mutual Consent Divorce Through Online:

• The main aim of the judiciary system in India is focused towards e governance of the country, especially, the court proceedings were e court or online courts are inevitable over the years. This centers around the use of video conferencing facilities for transferring and filing applications, virtual hearings, and conducting e-filing of other legal documents.
• If both partners wish to do so, they can file an online joint petition for divorce during taking divorce by mutual consent. Some family courts also organize video conferences or internet hearings to record testimonies and finalize the divorce. 
• Legal formalities such as submitting documents, through an affidavit, and practically attending hearings are still for suit, however, in this instance, the parties may not be required to attend in court. Even though this makes the process more convenient by minimizing unnecessary movements, it makes it clear that there is still some degree of court participation.

Mediation and Conciliation Process:

• ADR strategies such as mediation and conciliation can help couples resolve their differences and reach a divorce settlement without resorting to the ordinary court system. Mediation produces a peaceful discussion with the help of neutral third parties ready to assist the couple in arguing a case and reaching a consensus. Conciliation is a stage in which a specific settlement is sought and the conciliator aids the process.
• In this regard, Indian courts encourage mediation as an effective technique in resolving family disputes including those on divorce. To remedy this problem many family courts in India have established mediation centres to facilitate mediation in marriage disputes which centres have the blessing of the Supreme court of India.
• Mediation allows the couples to reach a discussion with the help of a mediator on issues like division of property, provision of spousal support and child custody resulting in a consent settlement that is made available to the court. In the case of the court granting the leave to mediate and the mediation is successful, the court can issue the decree of divorce without going through extended trial.

Arbitration Process:

• The use of arbitration in divorce is rather rare as compared to mediation, but can be utilized to sort out certain issues divorce, more especially financial ones. An arbitrator settles the dispute after listening to both parties as if they are a judge rendering a verdict. 
• Still, in situations of divorce, arbitration is not applied in the resolution of the actual divorce, but rather on issues related to alimony, child custody and division of property.
• Where a couple has managed to resolve all their differences, they can hasten the process of the court by going for a mutual consent divorce in court.
• The contentious aspects of court involvement are greatly diminished by arbitration which makes the ultimate court proceeding more of a formality than a drawn-out battle, though does not do away with it entirely.

Couples seeking to dissolve their marriage within the confines of the law with the least visits to court possible should consider these options and seek legal advice. This way, they will be able to achieve a more efficient, less confrontational, and economically viable divorce process.

Sharks of Law offers a comprehensive legal solutions facility, providing an extensive collection of information on diverse areas of law and current developments in the legal field by the best professionals in this area. 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.

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993