A Guide for Marriage Separation and & Solicitors
To seek legal advice in matrimonial cases, it is best to consult experienced divorce lawyers who can assist in filing for a divorce, and in cases pertaining to child custody, alimony, domestic violence, dowry, sexual violence, Muslim law, and will related disputes. Going through a divorce can be difficult for anyone. But one of the most crucial factors that can help in this hour of need is the help of a good lawyer. Understanding the Indian penal code and interpreting the different codes can be very daunting. A good lawyer will understand your needs and suffering. He or she will do everything in their power to give you justice and ease of the burden. You can seek help from our listed 1220+ advocates lawyers who are specialists in divorce-related cases in Kolkata. At Sulekha, we have a list of lawyers who are well-known for their compassion and amazing knowledge of the law. Contact any lawyer from the list and get redressal for your grievances.
Divorce lawyers are the professionals who provide guidance to the couples seeking legal advice in matrimonial cases. Initially, some divorce lawyers try to reconcile the couple through counseling. In case the couple is not ready, then the lawyers proceed further. They handle the cases pertaining to divorce, separation, and maintenance, annulment of ties, domestic violence, and child custody. All these cases falling under the ambit of civil law. Therefore, a civil lawyer can handle divorce cases as well. The experienced and reputed civil lawyers in Kolkata appear before several courts namely
- High Court
- District Court
- Supreme Court
- Consumer Dispute Forum
- Customs & Excise Tribunals
- Telecom Dispute Settlement
- Company Law Board and many others
Find the Experienced Trusted Divorce Lawyers in Kolkata
Divorce is a process of terminating marital union. The most common reasons for divorce are an extramarital affair, general intolerance, dowry, impotence, domestic violence, etc. In some cases, the couples agree mutually to get separated. However, in some cases, couples opt for legal help. Divorce lawyers are the professionals who possess the knowledge and guide you to deal with the divorce proceedings.
The experienced divorce lawyers assist the couples with several kinds of services such as
- Legal Consultation
- Alternate Dispute Resolution
- Petition Filing
- Legal Representation
- Document Verification
- Legal Notice
- Preparation of the Documents
Types of Divorce Petitions
You can consult the divorce lawyers for the cases pertaining to alimony, and child custody too. However, before you consult a divorce lawyer in Kolkata, it is important to understand the types of the divorce petition
- Divorce by Mutual Consent: In this type of divorce, both husband and wife agree to terminate the disturbed marriage. For this type of divorce, a joint divorce petition is filed by the wife and husband. Once the petition is filed, the court gives a time of six to eighteen months to the couple to reconcile. This time is known as a cooling-off phase. During this time period, if the spouses do not reunite or settle and give their consent for the divorce, then the court passes a decree of divorce.
- Contested Divorce: It is a type of divorce in which the husband or wife seeks legal help as one of them is not agreed to the idea of the dissolution of marriage. In this one person is ready to proceed but the other one is not ready for the divorce. For this type of divorce, the applicant has to specify the reason. Here is a list of grounds on which the spouses file a petition for a contested divorce
- Mental Disorder
- Communicable disease
Procedure to apply for a Divorce and how long does it take?
A divorce procedure in India can extend for almost up to a year and in certain cases, the disputes may continue for years. Due to the existence of diverse religious faiths in India, separate laws have been implemented by the Indian Judiciary in accordance with these beliefs. The following acts govern the divorce procedures in India:
- The Hindu Marriage Act, 1955
- The Parsi Marriage and Divorce Act, 1936
- The dissolution of Muslim Marriage Act, 1939
- The Special Marriage Act, 1956 (For inter-caste and inter-religion marriages)
- The Foreign Marriage Act, 1969
How can an estranged couple approach divorce?
If the husband/wife no longer wants to live with the person who married him/her, and wants to file for divorce, then both of them, together or individually, can approach either one or two lawyers to help them with their requirement. Divorce lawyers and family advocates in Bangalore are aplenty, which can be understood by a quick glance above, and hence reaching out to them should not really be much of a difficulty. An initial enquiry can be made before the husband and/or the wife begins the legal divorce procedure—which we studied above.
Judicial separation refers to a specified time duration when the husband and wife take some alone time to introspect over some issues remaining married legally. If you wish to give another chance to your marriage before making a firm decision, consult an experienced Divorce Lawyer in Chennai. A reliable divorce advocate would help you in taking the right decision.
Documents are required to file a Divorce case
To file a divorce case, a divorce advocate requires a list of documents. The list of the document includes:
- Marriage certificate
- Address Proof of wife as well as husband
- Four photographs of marriage (passport size)
- Profession Details
- IT returns for the last three years
- Proofs that the spouses are living separately from last one year
- Proofs related to failed attempts of reconciliation and many more
What does alimony mean?
Alimony means a legal obligation that is related to a divorce case. When a married couple separates, the husband has to pay a specified amount each month as maintenance to the partner. To know more about your rights, you can take the advice of a reputed divorce advocate.
On which grounds an individual can file a contested divorce case?
A contested divorce case is the divorce type in which husband and wife do no arrive at an agreement for any issues and require legal help for the negotiation. According to the Hindu Marriage Act 1955, you can file a divorce case in civil court on the following grounds:
- Venereal disease
- Mental disorder
- An incurable form of leprosy
- Conversion to another religion
- Not heard for a duration of seven years
- Adultery and many more
- Apart from these, there are some other grounds on which only a female can seek a divorce need.
Divorce lawyers and domestic advocates are the right kinds of persons who can help a couple of files for and help them acquire separation or divorce smoothly. And, with the numerous family attorneys in Kolkata, filing for divorce and finding the right lawyers to help with the procedure, should not really be difficult. However, being aware of the divorce procedure is important and everyone, married or unmarried, should know it, at least on a superficial level.