FILING FOR DIVORCE

INTRODUCTION

Divorce is the process of terminating a marriage or marital union and is also known as dissolution of marriage. Divorce entails the reorganizing or cancelling of legal responsibilities and duties of marriage, thereby dissolving the bonds of matrimony between a married couple under the particular rule of law of the country or state. In India, divorce procedure starts from the filing of the divorce petition and comes to an end with the pronouncement of final order of the divorce.

PROCESS

1. Drafting and Filing of Divorce Petition
   The first step in the procedure of divorce is the filing of divorce petition before the respective family court with proper court fees. The divorce petition can be filed in the last residing place of the husband and wife or where the husband is presently living or where the wife is presently living. The petition must have the ground of divorce mentioned and substantiated at a later stage with evidence. Guidance and advice from an experienced and competent divorce lawyer is needed.
2. Service of Summons
   The following step after filing of divorce petition is service of summons of the other party and giving them a notice that the divorce process has been already initiated by their spouse. The summons are served via speed post with a covering letter written on the letter pad of the Advocate.
3. Response
   After receiving the summons the spouse against whom the divorce is filed has to appear in the court on the mentioned date of summons.
4. Trial
   After the submission of the respective petitions, the court hears both the parties along with their witnesses and evidence. The respective lawyers will then conduct the examinations in chief and cross-examinations of spouses as well as evidence.
5. Interim Orders
   Interim orders petition can be filed by any party to get a temporary order in respect of child custody and maintenance in front of court during the divorce proceeding and after hearing and if the court is satisfied, the court passes interim orders.
6. Argument
   The respective advocates argued before the court in order to establish the contentions of their clients on the basis of evidence filed and witnesses
7. Final Order
   The court passes the final order after the completion of all the preceding stages which entirely dissolves a marriage. In case either of the parties is not satisfied with the final order, then they have the liberty to move before the higher Courts.