A contested divorce is the divorce which is filed by one of the party (Husband or Wife) and other side opposes it. A contested divorce is also called one-sided divorce petition as the said petition is filed by one party in the family court and defended (Contested) by the other.
Step-by-step procedure to file a Contested Divorce in India
When you will decide to go for divorce, very first step in divorce process is appointing a good divorce attorney in your city. Alpheus Associates LLP is a family law firm that provides contested divorce lawyers in Mumbai, top divorce lawyer in Bandra Mumbai.
When you decide there must be some reasons for the same and it’s a work of contested Divorce Attorney who knows about divorce law to check which grounds for divorce given by the family law it fits and accordingly send notice to spouse with all allegations and grounds for divorce and calling upon other side for Divorce and dissolution of marriage.
Sometimes instead of giving reply spouse directly responds to spouse and discuss the issue and either go for settlement or divorce mediation. Sometimes spouse also desire to end the marriage but due to lack of communication it could not be conveyed, in such situation spouse either directly or through their respective divorce attorney settle the dispute amicably and file mutual consent divorce in family court. A divorce attorney will help to create a consent term to be filed in Family court for amicable i.e. divorce with mutual consent divorce and this mutual divorce is the only way to get quick divorce as it takes only 6 months.
Sometimes spouse decide to give reply to all allegations mentioned in Divorce notice or gives no reply to notice. In such situation, you have to file divorce papers in family court with all facts and grounds for divorce.
Issue of summons is the main aspect of divorce procedure in India wherein after filing court sends intimation by its notice to the spouse on the address him or her residing after separation or at residence if they are separated, along with divorce papers in form of divorce petition. Court sends summons to spouse to attend the Court to appear and give reply on Divorce Petition in family court. It’s an important step in divorce because if notice is not served on the spouse divorce proceeding will not start.
Today’s also in India most of the people prefer arrange marriage as it has a shield of 2 families and people who love us who try to save the marriage in any bad patch couples have and same is called Mediation. After lawyer mediation, the next which works is mediation rounds in a contested divorce in Family court.
After service of summons when both parties attend the court, before proceeding with divorce process, Court sent both the parties to the mediation where well-trained mediator discuss the dispute with both husband and wife and make them rethink their decision. After few rounds of mediation, if the parties are not ready to settle their dispute, the mediator informs the same court and the trial begins.
When the counselling/mediation process fails the divorce process starts, the divorce process begins with filing of reply through his or her lawyer who is family law expert. It is also called written statement against divorce petition from other side where under other side gives reply to all allegations made in divorce papers and makes counter-allegations.
After reply next step is to file evidence and documents in support and other side Advocate will cross examine petitioner. It’s very important stage as in this stage other side advocate will testify Petitioner for whatever allegation made by him or her in contested Divorce Petition. It’s a key to the success and Alpheus Associates LLP provides best divorce lawyers in Mumbai, Thane and Mumbai who are masters of cross-examination.
After reply next step is to file evidence and documents in support and other side Advocate will cross examine petitioner. It’s very important stage as in this stage other side advocate will testify Petitioner for whatever allegation made by him or her in contested Divorce Petition. It’s a key to the success and Alpheus Associates LLP provides best divorce lawyers in Mumbai, Thane and Mumbai who are masters of cross-examination.
After cross of the petitioner other side will file evidence and documents in support and Petitioner Divorce Attorney will cross-examine the opposite side.
This is the final stage in divorce proceedings where divorce attorney appointed by the both sides conduct argument on the basis of the evidence and documents they have and points they have got while cross-examination against each other. Conducting an argument needs a lot of experience and Alpheus Associates LLP provides contested divorce lawyers in Mumbai, good divorce lawyer in Bandra Mumbai, our lawyer who conducts effective arguments in a well efficient manner in court.
After hearing both sides court gives the final order/divorce decree on the contested divorce filed i.e. Final Judgement about the divorce granted or not granted. In this case party affected by the Judgement could approach higher court by filing Appeal. After 3 months of the judgement divorce decree will be issued by the court.