Divorce Process in India

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1. Consultation with a Lawyer.
2. Pre-Suit Legal Notice is not mandatory before filing a case.
3. Filing of Divorce papers. [ No Single Standard Form for all types of Divorce ]
4. Place of filing divorce petition can be

• The place of marriage.
• where the respondent resides or works.
• Where the parties to the marriage last resided together.
• If wife is the petitioner, where she resides
• If the respondent is residing out of india [NRI] or has not been heard of for a period of 7 years, the place where the petitioner resides.

5. Proof of marriage:
Registration of hindu marriages with the govt. is not mandatory up to 22/10/2007. For proof of hindu marriages before that date, any evidance showing that the parties lived together as husband and wife will be enough.

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6. Counselling by Court. [ Mandatory ]

7. Divorce By Mutual Consent by both the parties is available under Hindu law and for Christians.

8. Time for getting divorce by mutual consent is less than 3 months whereas if contested, it may take more than an year.

9. If the counselling fails, after getting the failure report, the court will ask the parties to adduce evidence in the court.

10. After considering the evidence and arguments, the court will pronounce final order either granting divorce or refusing it.

11. Appeal against said order can be filed before the high court concerned.

12. If no appeal is preferred by the aggrieved party within one month from the date of final order granting divorce, he / she can remarry.

13. Re-Marriage does not disentitle a person from inheriting the property of the former spouse.

14. Parties can also opt for judicial seperation instead of divorce.