Divorce lawsuits in India can drag on for years before being resolved. The lengthy legal procedure of divorce costs money at each stage. Your divorce lawyer will charge you a certain sum for each draft of an application and each court attendance.
Therefore, it is crucial for us to understand the divorce cost that a divorce client in India would be required to pay. The institution of marriage is formally terminated or dissolved by divorce. The stigma associated with divorce has diminished, and more people than ever are willing to end bad marriages.
Understanding how the system functions is the greatest approach to reducing the stress that divorce might cause. Here is a brief overview of how much divorce costs in India.
What kinds of divorces are there in India?
The most common divorce proceedings in India are;
Divorce by mutual consent
When the couple decides to file for divorce jointly and submits a joint petition, it is referred to as a mutual divorce. Due to the couple’s propensity for amicability, it is perceived as a smoother procedure.
Since both spouses agree to the divorce, the procedure is primarily procedural. It is a quicker and more effective process because there are only two court sessions required and the divorce cost is also low.
When one of the spouses refuses to consent to the divorce, it is referred to as a contested divorce. In order to establish that the marriage is incompatible, the other spouse must first submit a divorce petition. In India, a spouse has a variety of grounds to get a disputed divorce.
These, however, frequently develop into drawn-out legal disputes that leave a very untidy trail. In this case, the divorce cost is expensive because they require several sessions and court appearances over the course of years.
Divorce cost for divorce by mutual consent
- The divorce cost often varies from state to state and according to the severity. The procedure is simpler and less expensive if the divorce is between relatively cordial partners who have already settled most of their differences.
- The divorce cost increases the longer the legal dispute lasts. The place or court where the divorce case is heard frequently affects the outcome.
- Divorce attorneys don’t charge much for an appearance and the divorce cost is also low if the matter is heard in a district court or family court. The charges, however, double if the situation worsens and ends up before a High Court or Supreme Court.
- Similar to this, divorce attorneys base their rates on their experience and track record. Successful attorneys and established legal firms typically ask for substantially greater fees which results in high divorce costs.
- In addition to this, divorce attorneys also charge for consultations, which you may require to resolve disputes and make important decisions. Consultation is essential since mutual consent calls for the spouses to be on the same page regarding child custody and alimony.
- A competent divorce attorney can assist you with asset division, child custody arrangements, and alimony determination. But doing so could necessitate several sittings, raising the entire divorce cost. The price drops significantly if you and your coworkers have already chosen how you would handle these matters.
- There are some elements about both options that you should be aware of whether you choose a mutual consent divorce or challenge it.
Divorce cost for a contested divorce
- The contentious divorce cost, divorce documents, legal counsel, and divorce attorney services vary from person to person and case to case.
- The contentious divorce cost varies from court to court in India. The resolution of the case takes much too long in Indian courts because of the overwhelming volume of cases.
- Sometimes everything works out during the mediation process, and the case is settled amicably, and other times it takes more than five years.
- Due to the backlog at the family court, the divorce proceeding takes too much time and cannot be avoided after filing for a contested divorce.
How long does it typically take to settle a divorce case?
- It is possible to acquire a divorce by mutual consent within six months, although no petition in this situation may be submitted during the first year of marriage.
- Additionally, there must be a six-month interval between the first and second movements. In exceptional circumstances, the court may waive this appeals process. Therefore, it often takes 18 to 24 months to obtain a divorce by mutual consent.
- Due to complexities and the likelihood that either party might appeal the ruling to the High Court or Supreme Court, the time frame is greater in contentious divorce cases and can range from three to five years.
Which paperwork will you require?
Depending on the divorce’s circumstances, the court could request:
- Address evidence for the husband and wife
- Information on the husband and wife’s present jobs and income.
- A marriage certificate.
- Information about the family’s history.
- Pictures of weddings.
- Evidence demonstrating the separation of the husband and wife for more than a year.
- Evidence of reconciliation efforts that were unsuccessful.
Here are some decisive elements that will affect the overall divorce cost, even if it is hard to provide a definitive answer to the complicated topic of how much a divorce costs.
- A divorce that is mutually agreed upon is less expensive than one that is litigated.
- The separated couple’s relationship is crucial; the more the two of them disagree on important matters, the more expensive the divorce will be.
- When compared to divorce when there are no children or only adult children, a divorce containing minor children will cost more.
- The divorce cost will rise if there is disagreement about how to divide the common property.
- Alimony-related divorces are costlier.
While the lawyer will need to speak with you in order to obtain information for the case, he or she will also handle all the paperwork, giving you more time to look after yourself and your family and also help in reducing the divorce cost. Due to his years of experience with situations like yours, an experienced divorce lawyer can provide you with professional guidance on how to handle your divorce.