Divorce Lawyers In Ameerpet, Hyderabad

Divorce Legal Process in Ameerpet, Hyderabad:

The legal process of divorce varies depending on the type of divorce. A contested divorce can take more than a year to finalize, as it often involves lengthy court procedures. However, with the expertise of our team, you can rest assured that your case will be handled efficiently by the best divorce lawyers in Ameerpet, Hyderabad.

Mutual Consent Divorce:-

In cases of mutual consent, both spouses agree to end the marriage amicably, which usually leads to a faster and simpler process. For this type of divorce, the couple must demonstrate that they have been living separately for at least one year and are unable to reconcile. Additionally, key issues such as child custody, maintenance, and property distribution are mutually settled between the spouses.

A mutual consent divorce is typically quicker and more affordable than a contested divorce. However, the court may provide a waiting period of 6 to 18 months between filing the divorce petition and issuing the final decree if it believes that reconciliation is still possible. It’s important to note that living separately does not necessarily mean living in different locations; rather, it refers to not living together as husband and wife. This is covered under Section 13B of the Hindu Marriage Act, 1995.

Withdrawal of Consent:-

Even after mutual consent is given, either party can withdraw their consent at any time before the divorce decree is granted, even after the 18-month period has expired. If consent is withdrawn, the divorce will not proceed.

Contested Divorce:-

In a contested divorce, one spouse does not agree to the divorce, and the case is fought in court. Grounds for filing a contested divorce are outlined under Section 13 of the Hindu Marriage Act, 1955. In such cases, issues like child custody and maintenance often remain unresolved, and there are 11 specific grounds for divorce under Indian law. Of these, 5 are exclusive to the wife.

Common Grounds for Contested Divorce:

1. Cruelty– This includes both physical and mental cruelty. If one spouse causes the other to live in fear or with anxiety due to their actions, divorce can be sought on the grounds of cruelty.

2. Desertion – If one spouse abandons the other without a valid reason (e.g., cruelty), it is considered desertion. The desertion must last for a continuous period of at least two years.

3. Conversion – If one spouse converts to another religion, the other spouse has the right to file for divorce without waiting for any time period.

4. Mental Disorder – If a spouse is mentally incapacitated to the extent that they cannot fulfill their marital duties, divorce can be sought on the grounds of mental illness.

5. Renunciation – If one spouse renounces marital life and chooses a path of sanyasa or asceticism, the other spouse may file for divorce.

6. Presumption of Death– If one spouse has been missing for at least seven years and there is no evidence to suggest they are alive, the living spouse may seek a divorce decree.

7. Adultery – In India, adultery is grounds for divorce if one spouse has an affair outside the marriage. While a husband can file for divorce if his wife commits adultery, the wife cannot criminally charge her husband for the same, though she may seek civil remedies.

 Conclusion:

The divorce process in India, whether contested or through mutual consent, can be complicated, especially when issues like child custody or maintenance come into play. Our team of experienced divorce lawyers in Ameerpet, Hyderabad, is committed to providing you with the best legal advice and representation to ensure a smooth and efficient resolution of your case. Whether you seek a quicker mutual consent divorce or need to navigate the complexities of a contested divorce, we are here to assist you at every step.