Divorce Laws in India: Step-by-Step Process for Mutual & Contested Divorce

Published on: Lawiz Team

Understand the legal process for divorce in India, including mutual divorce, contested divorce, child custody, alimony, and important legal rights.

What Are the Grounds for Divorce in India?

Divorce in India can be filed based on various grounds like adultery, cruelty, desertion, conversion, mental illness, and irretrievable breakdown of marriage.

Mutual Divorce Process

Mutual divorce requires both spouses to agree. Steps include filing a joint petition, mediation period, and final hearing in court.

Contested Divorce Process

A contested divorce is filed when one spouse refuses to give consent. Legal proceedings involve petitions, evidence submission, and hearings.

Child Custody & Legal Rights

Child custody decisions depend on factors like the child's welfare, parent's financial stability, and living conditions.

Alimony & Financial Settlements

Alimony is granted based on factors like the financial condition of both spouses, duration of marriage, and earning capacity.

FAQs

How long does it take to get a mutual divorce in India?

A mutual divorce usually takes around 6 to 18 months depending on court proceedings.

How is child custody decided in a divorce case?

Courts consider the child's welfare, financial stability of parents, and living conditions before granting custody.

Is alimony mandatory in all divorce cases?

No, alimony is granted based on factors like income, marriage duration, and financial dependency.

Do I need a lawyer for filing a divorce in India?

Yes, hiring a lawyer ensures proper representation in contested divorce cases, but mutual divorce can be filed with minimal legal assistance.