Divorce is one of the life-changing events in everyone’s file. When it comes to divorce, both men and women have equal rights and liberty to file a divorce case via mutual consent, dissolution of marriage, and talaq or khula declaration.
Apart from this, people can even file maintenance, domestic violence, and child custody cases. In fact, both men and women have the freedom to get out of unhappy marriages. When it comes to divorce cases, there are several types.
Types of Divorce Cases
• Null the marriage
• Mutual separation
• Dissolution of marriage
• Suit for a declaration if khula or talaq is executed
• Maintenance case
• Domestic violence case
• Child custody case
Grounds for Acquiring Divorce
• Harassment
• Illegal relationship
• Cruelty
• Non-maintainability
• Marriage without consent
• Talaq or Khula
In this blog, let’s check out the procedure and documents that are essential for filing a divorce case in Chennai.
Essential Documents for Filing
• Marriage Invitation
• Marriage certificate if any
• Registration certificate issued by the sub-registrar if any
• Long-size joint photo of husband and wife
• Age, ID, and address proof of the husband and wife
• Children’s birth certificate if any
• Conversion documents (if religion is changed)
Court Procedures
• Once you file the divorce case, the summon or notice will be sent to the concerned person via registered post. Apart from this, the court bailiff will deliver the summons or notice and report back to court.
• If both husband and wife are present for the first hearing, then they will be sent for counseling 3 times. Counseling is done by the court for the re-joining and reconciliation of both parties.
• If the counseling doesn’t work for the couple, then the court may appoint a mediator to settle the dispute between both parties.
• If the mediator also fails to reconcile both parties, then the court will proceed with divorce case procedures and formalities.
Finding out the best divorce lawyers in Chennai would help you in this process.
Stages of Divorce Cases
When it comes to divorce cases, there are several stages if contested and if not contested.
If contested, the stages are:
• Counter
• Plaint or Petition
• Arguments
• Affidavit of Assets and liabilities
• Proof of affidavit
• Cross-examination
• Orders
If not contested, the stages are:
• Summon or notice service
• Petition or plaint
• Paper publication
• Proof of affidavit
• Orders
• Mutual divorce
• 6 months waiting period
• Both the parties (husband and wife) need to come together and file the divorce case
• File original documents
• The judge of the concerned court will enquire and take evidence
Final Wordings
Do you want to get out of your unsatisfied marriage, but don’t know where to start with? If yes, then hiring the top divorce lawyers in Chennai would be a great choice. The best family court lawyers in Chennai are experienced in handling these cases efficiently. They will guide the client from start to end during the divorce proceedings and makes the entire process stress-free.