Life is full of difficulties, and partners should solve them together. If you and your spouse find it difficult to adjust and overcome difficulties, you can take the joint decision of dissolving your marriage. You can get separated from your partner legally with the help of mutual divorce. If your partner does not want to get a divorce, then this case comes under contested divorce. This entire legal process starts by filling up a divorce petition after you consult a divorce lawyer.
Your lawyer will help you to understand the system, procedures for filing a divorce, and its legal terms. One party has to file the petition and submit it, while the other will receive the same notice.
You have to follow some steps to file a mutual divorce which is stated below:
● When you and your partner have been staying separated for a long period, you can file a divorce. This procedure starts by filing a divorce petition, where you have to mention the reason for dissolving your marriage. With the signature and consent of both partners, this petition is submitted to the court.
● The court will call both the parties in the family court and check the petition. During the scrutiny, each party may appear with their divorce lawyer.
● Your statement on oath will be recorded once your petition is accepted by the family court.
● After the first motion, the court will give both parties six months. Before the second motion, you can take a year or more to think about your case. In case you want to withdraw your case and make up your mind to resolve matters.
● After six months are over, both the parties will appear in court for a final hearing.
● In many cases, there can be matters regarding alimony, child’s custody, and property. Since a mutual divorce is filed, the court will listen to both parties. The marriage can be easily dissolved if the petition submitted is true. In some cases, a marriage is dissolved when the decree of divorce is resolved.
If your partner is not ready to get a divorce, then take legal help. You have to follow some steps to file a contested divorce which is stated below:
● The partner who wants the divorce will file a petition in a contested divorce. The divorce attorney will put all your reasons in the divorce petition. He will check the allegations against the opposite partner and will legally support you.
● The court will hear your open argument and check the petition on the first hearing.
● The court will then send a notice to the other party to appear with their divorce lawyer.
● The court will try to resolve the problems and deny the divorce based on the case.
● Final arguments between the lawyers of the two parties will be recorded as evidence.
● On the final day of the hearing, the court will take action and make decisions accordingly.
Choosing the correct person as your life partner is hard. Family courts can help you resolve problems to a certain extent with which you have to make your own decisions. Filing a mutual divorce or contested divorce depends upon you and your circumstances. Make sure to take legal advice from your divorce attorney.
Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics.