Submitting a petition
Your defense attorneys will now have you submit a divorce petition within one of the following places:
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- The last address of the married couple.
- The place of the couple’s wedding.
- The current address of the wife.
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Grant of First Motion
The involved sides must register their remarks in front of the magistrate considering that the lawsuit has been filed. As stated earlier, it is presumed that both parties are voluntarily seeking a divorce. As a result, the parties must declare that their consent to the divorce is voluntary. Both the grounds for the separation and the conditions of the separation must be stated by the parties. The couples may issue the authority of the attorney to anyone else (ideally a friend or relative) to plead on their behalf if they are unable to make a court appearance in person.
Cooling-off Period
When they submit the next motion, after which the separation will indeed be finalized, the pair is anticipated to try to reconcile for the succeeding six to 18 months. The pair then must endure a minimum of six months before submitting a second motion to the courts. The court may reject a divorce by consent if one of the married couples claims that the other party was reluctant in seeking reconciliation.
Second Motion
The couple could submit a second application after six months, and also the judge would terminate the marriage.
Cost of getting a divorce
Considering that this relies on a wide range of factors, notably attorney costs, it is challenging to estimate the price of a divorce in Bengaluru; nonetheless, many divorces in India typically cost between Rs. 10,000 and Rs. 100,000.
The groundwork for separation by consent
- The married couple must be on speaking terms for there to be a dispute settlement divorce. They should indeed come to terms on a variety of important issues, including alimony, parental rights, shared custody, and also the division of assets. This calls for extensive conversation even before hiring legal counsel. Because the alternate method is extremely challenging and can take years.
- Before actually pursuing legal action, a year must have passed since the detachment. Although both individuals stay in the same location, couples are still regarded as being separated there is no requirement for a true physical separation.
- To guarantee that the agreement is properly drafted and so that there won’t be any possibility for prospective lawsuits under the provisions of the MOU, the couple should create a Memorandum of Agreement referring to the grounds on which they desire to separate.
- Moreover, it is significantly simpler to negotiate more equitable arrangements for parental rights in separation with mutual agreement. It’s indeed feasible to even have joint legal custody or combined parental involvement. In terms of the divorce’s money issues, you should have to select maintenance, child-related costs, and the method of transferring funds. However, one party does not have to bear all of the responsibility for the kid it may differ according to your economic status.
