Types Of Divorce In India – A Basic Summary

Married Indian couples who are seeking a dissolution of their marriage would need to first understand the different types of divorce in India. There are two options that spouses can choose between.

The first type of divorce is that of an uncontested divorce. In such a separation, both parties are able to agree on all issues and conditions necessary for their separation to be formalized.

Both husband and wife would need to find common ground when it comes to disputes pertaining to property and asset distribution, alimony, child support and custody, etc. After agreeing on the various terms and conditions of their separation, the couple would need to approach the court and announce their desire for a “divorce by mutual consent”.

Both spouses need to have stayed apart for at least one year to be eligible for an uncontested divorce under Indian laws. In recent times however, judges have been found to make exceptions depending on the nature of the petition. A few couples have even been the benefactor of this leniency with only six months apart being deemed acceptable.

The other type of divorce in India is that of a contested divorce. This type of divorce is when the partners are unable to see eye-to-eye on the terms of their separation. In such a case the judge is requested to intervene and make the decisions for them.

Both parties in the divorce are bound by law to agree to the rulings of the court. They may however contest these rulings in a higher court.

Ideally, Indian couples who seek a divorce should opt for an uncontested settlement. Not only is it significantly faster and convenient, it is without a doubt the better choice when children are involved.

When choosing between the two types of divorce in India, it is best for both spouses to first try to settle their issues amicably, and only then approach the court.

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