Filing divorce in India can be a complex and time-consuming process, requiring careful consideration of several factors. The grounds for divorce, residency requirements, and jurisdiction of the court are some of the key factors that must be taken into account when filing for divorce.
List : 10 things to know before filing divorce in India
- Jurisdiction: You should know the jurisdiction in which you can file for divorce in India. The jurisdiction is usually determined based on the place of residence of either spouse.
- Residency requirement: You must meet the residency requirement, which is usually one year of continuous residency in the jurisdiction in which you file for divorce.
- Grounds for divorce: In India, divorce can be filed on the grounds of cruelty, desertion, adultery, and conversion to another religion, among others.
- Mediation: Mediation is mandatory in divorce cases in India, and the parties must attend a minimum of three mediation sessions before filing for divorce.
- Property division: In India, property acquired during the marriage is considered joint property and is subject to division in a divorce.
- Child custody: In a divorce, the court will determine custody arrangements for any minor children.
- Maintenance: Either spouse can claim maintenance during the pendency of the divorce proceedings or after the divorce.
- Timelines: The divorce process in India can take several months to several years, depending on the complexity of the case.
- Legal representation: It is advisable to have legal representation during the divorce proceedings.
- Emotional impact: Divorce can have a significant emotional impact on both parties and their children, and it is important to be prepared for this aspect of the process.
All the mentioned points cannot be skipped while filing divorce in India. Conclusively, mediation is mandatory in divorce proceedings and the parties must attend a minimum of three mediation sessions before filing for divorce. It is important to have legal representation during the divorce proceedings, as the laws surrounding divorce in India can be complex and may vary depending on personal laws and jurisdiction. The court will also make decisions regarding property division, child custody, and maintenance during the divorce proceedings. It is important to be prepared for the emotional impact of divorce, as well as the time and financial commitment involved in the process.
It is important to note that divorce laws in India may vary depending on personal laws and the jurisdiction in which the divorce is filed, so it is best to consult with a legal professional for guidance and assistance with filing divorce in India, it is advisable to consult with a legal professional.
