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Areas of Expertise
Arranging Child Custody
The custody of a child in India is determined by the personal laws of the parents, as well as the Guardians and Wards Act 1890. The primary consideration of the court is the welfare of the child.
The following are the different types of child custody in India:
- Both parents share equal responsibility for the child’s upbringing in joint custody. They may live in different places, but they will have regular access to the child.
- Sole custody: This is where one parent has sole responsibility for the child’s upbringing. The other parent may have visitation rights but will not have a different power level.
- Custody with a third party: The child is placed in the care of a third party, such as a grandparent or other relative. This may be done if neither parent is considered fit to have custody of the child.
The factors that the court will consider when determining child custody include:
- The age and needs of the child
- The wishes of the child, if they are old enough to express them
- The financial resources of the parents
- The living arrangements of the parents
- The emotional and psychological well-being of the child
- The history of violence or abuse between the parents
The court will decide if the parents cannot agree on child custody. The court will hold a hearing and consider all the relevant factors before deciding.
Contested Divorce
A contested divorce is a type where the spouses cannot agree on one or more issues related to the divorce, such as the division of marital property, child custody, or child support. In this case, the spouses must go to court and have a judge decide these issues.Contested divorces can be more expensive and time-consuming than uncontested divorces. They can also be more emotionally draining, as the spouses may argue about sensitive issues.
If you are considering a contested divorce, speaking to an attorney to discuss your options is important. Your attorney can help you understand the legal process and represent your interests in court
Here are some of the reasons why a divorce might be contested:
- The spouses cannot agree on the grounds for divorce.The spouses cannot agree on the division of marital property.
- The spouses cannot agree on child custody or child support.
- One spouse is contesting the other spouse’s petition for divorce.
- One spouse is trying to delay the divorce process.
Uncontested Divorce
An uncontested divorce is a type of divorce where the spouses agree on all of the divorce terms, such as the division of marital property, child custody, and child support. This type of divorce is less expensive and time-consuming than a contested divorce and less emotionally draining.
To get an uncontested divorce in India, the spouses must meet the following requirements:
- They must be legally married.They must have been married for at least one year.
- They must agree on all of the terms of the divorce.
- They must file a joint petition for divorce with the court.
- They must appear in court for a hearing to finalise the divorce.
The process for getting an uncontested divorce in India is as follows:
- The spouses file a joint petition for divorce with the court.
- The court will review the petition and may order the spouses to attend mediation.
- If the spouses can reach an agreement, they will sign a settlement agreement.
- If the spouses can reach an agreement, they will sign a settlement agreement.
- The court will hold a hearing to finalise the divorce.
Documentation
Documentation is vital in a divorce for several reasons. It can help you to:
- Understand your financial situation: Income, expenses, assets, and debts.
- Gather evidence to support your claims: For example, if you are seeking child support, you may need to document the other parent’s income.
- Negotiate a fair settlement: Documentation can help you negotiate with your spouse from a position of strength.
- Protect yourself in court: If your divorce goes to court, documentation can help you to build your case.
The specific documentation that you need will vary depending on your circumstances.
However, some common documents that you may need to gather include:
- Marriage certificate
- Financial statements (bank statements, tax returns, etc.)
- Property records (deeds, mortgages, etc.)
- Debt records (credit card statements, student loans, etc.)
- Childcare records (daycare bills, receipts for supplies, etc.)
- Medical records (doctor’s bills, prescriptions, etc.)
- Employment records (pay stubs, W-2 forms, etc.)
- Correspondence with your spouse (emails, text messages, letters, etc.)
Settlement Counselling
Settlement counselling is a process where a neutral third party helps two parties reach an agreement on a disputed issue. This can be used in various contexts, including divorce, civil litigation, and business disputes.
In a settlement counselling session, the counsellor will first help the parties to understand each other’s positions and interests. Then, they will work with the parties to develop a mutually agreeable solution. The counsellor may use various techniques to facilitate this process, such as mediation, negotiation, and brainstorming.
Settlement counselling can be a helpful way to resolve disputes without going to court. It can save time and money, and it can also help to preserve the relationship between the parties.
Here are some of the benefits of settlement counselling:
- It can save time and money. Going to court can be expensive and time-consuming. Settlement counselling can help you to resolve your dispute more quickly and cheaply.
- It can preserve the relationship between the parties. Going to court can damage the relationship between the parties. Settlement counselling can help you to resolve your dispute in a way that preserves the relationship.
- It can give you more control over the outcome. When you go to court, the judge will decide for you. With settlement counselling, you have more control over the outcome.
Second Opinion
A second opinion in divorce is a consultation with another attorney to get their perspective on your case. This can be helpful if you need clarification on your current attorney’s advice or want to get a different perspective on the law or the facts of your case.
You might want a second opinion on divorce for a few reasons.
- You need to figure out your current attorney’s advice. Suppose you need clarification about your attorney’s advice or have concerns about their handling of your case. In that case, a second opinion can help you get a different perspective
- You want to get a different perspective on the law or the facts of your case. Suppose you are unsure about the law or the facts of your case. In that case, a second opinion can help you to get a different perspective from an experienced attorney.
- You want to get a different perspective on the law or the facts of your case. Suppose you are unsure about the law or the facts of your case. In that case, a second opinion can help you to get a different perspective from an experienced attorney.
Divorce Lawyer Fees
It is also important to remember that the fees of a divorce lawyer can vary depending on a number of factors, such as the complexity of your case, the lawyer’s experience, and the lawyer’s location. Get in touch with a AccountWaale expert to know more!You might want a second opinion on divorce for a few reasons.
- You need to figure out your current attorney’s advice. Suppose you need clarification about your attorney’s advice or have concerns about their handling of your case. In that case, a second opinion can help you get a different perspective
- You want to get a different perspective on the law or the facts of your case. Suppose you are unsure about the law or the facts of your case. In that case, a second opinion can help you to get a different perspective from an experienced attorney.
- You want to get a different perspective on the law or the facts of your case. Suppose you are unsure about the law or the facts of your case. In that case, a second opinion can help you to get a different perspective from an experienced attorney.
Significant Causes to Acquire Divorce
There are many other reasons why couples may choose to end their marriage. There are many reasons why couples get divorced. Some of the most common reasons include:
- Infidelity: This is when one spouse has an affair with another person. Infidelity can be a major blow to trust and intimacy in a marriage.
- Communication problems: When couples cannot communicate effectively, it can lead to resentment, anger, and frustration. This can eventually make the relationship unsustainable.
- Financial problems: When couples have financial problems, it can put a strain on the marriage. This can lead to arguments, stress, and even depression.
- Different values or goals: When couples have different values or goals, it can make it difficult to stay on the same page. This can lead to disagreements and conflict.
- Growing apart: As people grow and change, they may find that they are no longer compatible with their spouse. This can lead to a sense of distance and disconnection in the marriage.
- Domestic violence: This is when one spouse physically or emotionally abuses the other. Domestic violence is a serious issue that can have lasting consequences for both partners.
- Addiction: When one spouse is addicted to drugs or alcohol, it can have a devastating impact on the marriage. This can lead to financial problems, neglect of children, and even violence.
- Mental illness: When one spouse has a mental illness, it can put a strain on the marriage. This can lead to conflict, stress, and even neglect of children
Credentials Needed to File for Separati
The specific documentation required to file for separation in India will vary depending on the state or territory in which you are filing. However, some common documents that you may need to gather include:
- Marriage certificate
- Proof of identity for both spouses (such as passports or driver’s licenses)
- Proof of residence for both spouses (such as utility bills or rental agreements)
- Financial statements for both spouses (such as bank statements or tax returns)
- If you have children, you may also need to provide documentation related to their care, such as birth certificates and school records.
Indian Laws for Divorce Based on Var
- Proof of identity for both spouses (such as passports or driver’s licenses)
- Proof of residence for both spouses (such as utility bills or rental agreements)
- Financial statements for both spouses (such as bank statements or tax returns)
- If you have children, you may also need to provide documentation related to their care, such as birth certificates and school records.
New Divorce Rules
- The new divorce rules in India were passed in 2023. These rules make it easier for couples to get a divorce and provide more flexibility in terms of the terms of the divorce.Here are some of the key changes introduced by the new divorce rules:
- The minimum period of separation required for divorce has been reduced from two years to one year.
- Couples can now get a divorce on the grounds of an irretrievable breakdown of marriage, even if there is no fault on either side.
- Couples can now agree to their own terms of divorce, such as the division of assets and the payment of alimony.
- The court can now order mediation for couples who are unable to agree on the terms of their divorce.
FAQs on Divorce Lawyers
In divorce proceedings, a husband can typically claim various things, including a fair division of marital assets, child custody or visitation rights (if applicable), alimony or spousal support, and resolution of any outstanding debts or financial matters.
A person who has gone through a divorce is commonly referred to as a 'divorcee' if they are male or a 'divorcee' if they are female.
In many jurisdictions, a person is generally not allowed to marry again until they have obtained a legal divorce from their previous spouse. Attempting to marry without a proper divorce can lead to legal complications and the marriage being considered void or voidable
The legal consequences of entering into a second marriage while still married to another person can vary by jurisdiction. In some places, it may be considered bigamy or polygamy, which can result in criminal charges and penalties, including fines and imprisonment.
While it is not mandatory to have alawyer in family court, it is highly advisable. Family law cases can be complex and emotionally charged, and having legal representation can ensure that your rights and interests are protected. It's recommended to consult with an attorney to understand your specific situation.
A lawyer in family court plays several crucial roles, including providing legal advice, representing their client's interests, preparing and filing legal documents, negotiating settlements, advocating in court hearings, and ensuring that all relevant laws and regulations are followed during family law proceedings. Their primary goal is to achieve a favourable outcome for their client in matters such as divorce, child custody, spousal support, and property division.