Going through a divorce in India is not just a legal process but an emotional journey that affects both spouses deeply. While some couples part ways easily, others find themselves in contested battles that can take years to resolve. The laws governing separation vary based on religions, customs, and traditions, making the timeline unpredictable. And what about the duration of a divorce process in India? The process can be quick if both parties agree, but if disputes arise over assets, custody, or alimony, it can take a long time.
A marriage built on love, commitment, and respect may sometimes face unforeseen challenges, leading to an unhappy and difficult phase. In such cases, seeking legal help becomes crucial, especially in a society where abusive relationships are often normalized, and people are advised by friends and family to endure rather than navigate towards freedom. However, sometimes, it becomes necessary to break free. In that case, one must fulfill legal requirements, which can be quick or time-consuming.
How Much Time is Needed for a Mutual Divorce?
A mutual divorce is often the fastest way to obtain a decree from the court, as it ensures that both persons part ways with respect and dignity intact. According to Hindu law, a couple cannot apply for the dissolution of their marriage before the completion of one year and must have been residing separately in a non-marital capacity for at least a period of 1 year.
The process requires fulfilment of essential conditions, along with the attachment of evidences and witnesses to affirm their separation. Once the application is filed, the standard duration of a divorce process in India for obtaining the decree is 12-18 months, but the time can be reduced if the court exercises its discretionary power to waves-off the 6-month cooling period.
This cooling period is meant to provide a final chance for reconciliation, and if the differences remain irreconcilable, the court passes the divorce order, finalizing the separation legally.
What’s the Timeline for a Contested Divorce?
The process of a contested divorce is often lengthy and toiling, as one partner wishes to separate, but the other refuses. Choosing an experienced lawyer to represent one’s concerns and interests in court is crucial, as the filing of an application requires the contesting party to collect sufficient evidences and witnesses to strengthen their petition with iron-clad accusations.
The preparation itself is a heavy task and takes significant time to complete before the judge hears arguments, reviews contentions from both sides, and moves forward only if satisfied. Multiple hearings span months or even years, involving extensive scrutinizing and presenting of claims, while the other spouse gets a fair chance to defend their case.
A contested divorce case typically lasts 2-3 years, but in complex situations, it may extend to 5 years before yielding a fruitful result. The entire effort may go to waste if the aggrieved party appeals to the high court, challenging the order of the family court, as the entire procedure is then repeated, making the finalized verdict take an even long time.
Which is Faster: Contested Divorce or Mutual Divorce?
The fastest way to obtain a divorce in India is through mutual consent divorce. If both partners are firm in their decision and fulfill all legal conditions, the process can be completed quickly. It is essential to clearly state before the conciliation officer and the judge that reconciliation is not possible, and the couple has been living separately for at least a year, even if residing under the same roof. In cases where both parties agree, the proceedings can be expedited, allowing for a swift resolution without unnecessary delays.
How to Initiate a Divorce in India?
Understanding the law and its prerequisites is crucial before applying for a divorce in India, as different methods are available based on circumstances. A mutual separation requires both partners to have lived separately for at least 12 months, not necessarily in different houses or a separate location, but without cohabiting as husband and wife. Additionally, reconciliation must be deemed impossible, and both individuals must provide free consent for the dissolution of their marriage.
On the other hand, a contested case arises when one spouse wishes to separate legally, but the other refuses. Various grounds, including cruelty, adultery, mental illness, conversion of religion, or venereal diseases, can justify filing a petition. Unlike mutual separation, this duration of a divorce process in India does not restrict when a case can be filed in court it may be initiated within 24 hours of marriage or even after 30 years. Choosing the right path depends on individual circumstances, ensuring that the legal route taken aligns with one’s best interests.
How to Initiate a Mutual Divorce?
- The couple seeking divorce must start by filing a joint petition in the court stating their mutual agreement.
- Both parties must make an appearance in court, where the scrutiny of evidences and recording of their statement under oath takes place.
- The first motion is passed, and a discretionary cooling-off period is given for reconsideration.
- If no reconciliation happens, the second motion is heard.
- The decree of divorce is passed by the court, officially ending the marriage.
How to Initiate a Contested Divorce?
- Filing of petition by either the husband or wife
- Issuing of summons anA appearances in court
- Reconciliation attempt by the judge
- Reply or counter-reply from the respondent spouse
- Examination and cross-examination of witnesses and evidence
- Final arguments by counsels of both parties
- Decree of divorce passed by the court
Why Choose Opulence Legal for Legal Assistance During Divorce?
Marriage is built on the hope of a lifelong journey together. But sometimes, differences arise, making it difficult for couples to continue cohabiting. When separation becomes the best option, having the right legal support is crucial.
At Opulence Legal, we bring over nine years of experience in family law and matrimonial disputes in Delhi NCR, ensuring expert guidance throughout your divorce proceedings.
We invite you to book a free consultation with us. Our team is here to answer any questions that you may have. Feel free to reach out anytime: we are here to help you!