Types of Divorce Petitions
There are two primary types of divorce petitions:
- Mutual Consent Divorce
- Contested Divorce
Mutual Consent Divorce
When both parties agree on the divorce, maintenance issues, and child custody, they can file a joint petition. This type of divorce is usually quicker and less complicated. The steps involved are:
- Joint Petition Submission: Present the joint petition before a family court.
- Court Appearance and Petition Inspection: Both parties appear before the court for inspection of the petition.
- Statement Recording: The court may order the parties’ statements to be recorded under oath.
- First Motion: The first motion is passed, and a period of 6 months is given before the second motion (this period can be waived off as per a recent Supreme Court order).
- Second Motion and Final Hearing: The second motion is presented, followed by the final hearing of the petition.
- Decree of Divorce: The court issues the decree of divorce.
Contested Divorce
When one party wants a divorce and there is no mutual agreement, the petition can be filed on various grounds such as cruelty, adultery, desertion, mental disorder, conversion, renunciation of the world, presumption of death, or communicable disease. This process is usually lengthy, taking around 3-5 years. The steps involved are:
- Petition Filing: The husband or wife files a petition.
- Court Summons: The court issues summons and seeks a reply from the other spouse.
- Reconciliation Suggestion: The court may suggest reconciliation.
- Witness and Evidence Examination: Examination and cross-examination of witnesses and evidence take place.
- Final Arguments: Counsels for both parties present their final arguments.
- Decree of Divorce: The court issues the decree of divorce.
Documents Required
The following documents are needed for both mutual consent and contested divorce petitions:
- Address proof of both the wife and husband
- Marriage certificate
- Evidence proving that the spouses have been living separately for more than a year
- Evidence of failed reconciliation attempts
- Income tax statements for the past 2-3 years
- Information relating to family background
- Details of property and assets of both parties
- Photographs of the marriage
- Details of present professional remuneration of both the husband and wife
