When a marriage does not last for an extended period of time, couples frequently search online for information on how to apply for divorce Lawyers in Chennai. Many couples must endure the difficult process of separation that eventually results in the best divorce advocate in Chennai at some point in their lives. It is a serious truth that provides us with a second chance to start over.
The lack of legal complexities and the emotional turmoil each spouse experiences while deciding to end their partnership amicably are the reasons why the proceedings are simple. This article will teach you how to file for divorce, especially if you're Indian.
Frequently Mentioned Events that Ultimately Lead to Divorce
As we have closely analyzed, it has been conceivable over time to list a few typical legal justifications that are adequate for one spouse to petition the family court for a divorce from the other. These factors include:
- The petitioner has learned that their partner is having an extra – marital or sexual relationship with someone else.
- when the petitioner's spouse has avoided them for a period longer than two years beginning on the date the divorce petition was filed.
- when the petitioner's partner repeatedly mistreats him or her, either physically or mentally, in a way that seems so grave that it could be death.
- Another cause for filing a divorce petition could be inability or rejection of sexual activity.
- Divorce proceedings may start when one partner or better half has had a terminal illness for a long time.
- If there is evidence of mental illness, the other party may choose to divorce lawfully.
- List of Paperwork Required for Divorce Filing
If a married couple in India wants to end their marriage by mutual consent, they must present the following paperwork to the court:
the partners' biographical information and family information.
The previous two years' income tax or IT returns statement for the spouses.
Types of Divorce in Chennai
In Chennai, a divorce typically occurs using one of the two processes listed below:
Divorce by mutual consent
Contested divorce
In the first scenario, the spouse's consent to divorcing one another. These divorces' maintenance obligations can be any amount of money or nothing at all. Any parent whose obligation is shared is solely responsible for child custody. Again, this depends on the cooperation and respect between the two people.
The husband and wife must execute a “no-fault divorce,” as permitted by Section B of the Hindu Marriage Law, under this consensual arrangement.
The first motion is done on the date set by the family court, and the relevant couple's statements are electronically recorded and preserved for later use. Both parties agree to maintain the jury as a witness throughout the remaining processes.
The judge gives the couple six months to reevaluate their next motion or second motion. Many couples change their minds during this time, thus the court is using this as an opportunity to prevent a negative event like divorce. Even after these six months, if there is still no change of heart, the court moves forward with its decision and issues a divorce decree, officially recognising the previously married couple's permanent separation.
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