Mutual & Contested Divorce: Your Road to a Fair and Equitable Resolution
We know at AK Legal Mantra that divorce is never simple. Whether it is a mutual divorce or a contested divorce, it’s an emotional, legal, and financial ordeal. Our skilled legal professionals are here to walk you through each process of the divorce, providing you assurance that your rights are safeguarded and you get the best possible result, irrespective of the situation.
What is a Mutual Divorce?
The most cooperative and easy means to dissolve a marriage is through a mutual divorce. Under a mutual divorce, the couple mutually agrees to live separately and end their marriage without any discord. The couple mutually decides on important issues such as child custody, maintenance, division of property, and other financial commitments in a mutually agreeable manner.
Under Section 13B of the Hindu Marriage Act, 1955 (for Hindus) and other personal laws of other communities, a joint petition for divorce can be moved to the Family Court. It is quicker, less confrontational, and generally less expensive than a contested divorce.
How AK Legal Mantra Can Help with Mutual Divorce
- Filing of the Petition: We assist you in preparing and filing a mutual divorce petition, where all the details are properly incorporated, and your understanding is meticulously documented.
- Representation in Court: We represent both sides during the court proceedings, and the process of divorce is carried out without any hiccups or delays.
- Negotiation of Terms: In the event of disagreement on some areas, our team facilitates mediation and negotiation of terms concerning custody of children, property division, or spousal support, and ensure equal treatment of both parties.
- Finalizing the Divorce: Following the statutory six-month waiting period, the court will grant the divorce. We facilitate this process without any undue delay.
What is a Contested Divorce?
Contested divorce refers to a divorce where one of the partners refuses to accept the divorce or where there are disagreements about major issues like alimony, custody of children, division of property, or spousal support. In such a situation, the divorce process gets more complex, as the couple might have to undergo multiple hearings and court proceedings before the final order is passed by the court.
A contested divorce can also encompass allegations of domestic abuse, adultery, mental cruelty, or other grave accusations. It takes longer time, legal experience, and usually involves a long, painstakingly emotional legal struggle.
How AK Legal Mantra Can Assist in Contested Divorce
Legal Advice: We offer sound legal counsel on the optimal solution to your contested divorce, evaluating your case and advising how to achieve a favorable decision.
- Filing the Divorce Petition: Whether in a fault divorce or a contested divorce, we assist you in filing the required petitions and represent you during the proceedings.
- Representation in Court: We represent you during hearings, making cogent arguments and producing convincing evidence in favor of your case, be it seeking divorce on the grounds of cruelty, adultery, or irreconcilable differences.
- Child Custody & Alimony: We strive to ensure your interests are safeguarded in child custody, child support, alimony, and property division matters, seeing to it that the decision is equitable and as per your rights.
- Mediation & Settlement: In most disputed cases, we initiate possibilities for mediation or settlement, facilitating both parties to come to a decision without protracted litigation.
Why Choose AK Legal Mantra for Divorce Proceedings?
At AK Legal Mantra, we have extensive experience in managing both mutual and contested divorces. Our lawyers comprehend the financial and emotional burden that divorce can impose and are dedicated to offering empathetic, thoughtful, and effective legal assistance.
- Comprehensive Lawyers: Our lawyers are experienced in divorce laws and have a successful track record of effectively managing both mutual and contested divorce cases.
- Personalized Legal Solutions: We develop our legal solutions according to your individual situation to deliver the best possible result for you.
- WidelyCovered Support: From the first filing through post-divorce issues like spousal support or child custody, we offer full-circle legal assistance to walk you through every step.
- Discretion and Confidentiality: We make sure all delicate aspects of your divorce case are treated with the utmost discretion and confidentiality.
FAQs
1. What is the difference between mutual and contested divorce?
A mutual divorce is when both the parties consent to divorce and have agreed on all issues, whereas a contested divorce is when there are differences, and court intervention is necessary for deciding matters such as child custody, alimony, or division of property.
2. How long does a mutual divorce take?
A mutual divorce usually requires 6-12 months to complete, along with an obligatory waiting period of 6 months, which might be waived by the court in exceptional cases.
3. Can a contested divorce be transformed into a mutual divorce?
Yes, if there is a consensus during the course of the hearing, a contested divorce can be transformed into a mutual divorce, for a faster outcome.
4. On what basis is a contested divorce?
The common basis is adultery, mental cruelty, physical violence, and irreconcilable differences. The basis is based on your individual religion or community’s laws.
5. Do I get to file for divorce even if my spouse is objecting?
Yes, you can file for contested divorce even if your spouse is objecting. The court will then decide the case upon evidence and allegations provided.