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Divorce Procedures in India

Divorce procedure/Process in India comes under the following acts.

- The Hindu Marriage Act, 1955
- The dissolution of Muslim Marriage act, 1939
- The Parsi Marriage and Divorce Act, 1936
- The Foreign Marriage Act, 1969
- The Special Marriage Act, 1956

There are two way of getting divorce

1. Contested Divorce - Both the parties are not able to come to an agreement on the matters like maintenance amount, child custody and division of marital assets. When both the parties don't come to conclusion, they go to the court and court decides the issues. In such cases it take longer time to come to conclusion due the the litigation process.

2. Mutual Consent - Both the parties come to an agreement for settlement of all dues and other issues. This is better option for divorce as it takes lesser time for conclusion. Divorce on Mutual Consent is available under Hindu law and for Christians.

Steps Involved in a Contested Divorce:

  1. Consultation with an Advocate
  2. Divorce Petition Served Upon Your partner
  3. Your partner Responds to the Petition
  4. Discovery
  5. Settlement
  6. Trial
  7. Post Trial Motions
  8. Appeals

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