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Most Common Questions Asked By Couples
How long does the divorce process typically take in Ahmedabad?
A Mutual Consent Divorce filed in the Ahmedabad Family Court usually takes 6 to 18 months, factoring in the mandatory 6-month cooling-off period (though this can sometimes be waived). A Contested Divorce, where spouses disagree, takes considerably longer, often 1 to 3 years or more, depending on case complexity and court workload.
What is the estimated cost of hiring a divorce lawyer in Ahmedabad?
Lawyer fees in Ahmedabad vary based on experience and case type. Mutual consent divorces are generally less expensive, potentially ranging from ₹45,000 to ₹95,000+. Contested divorces involve more work and cost significantly more, potentially ₹80,000 to several lakhs INR. Always discuss fees upfront with your chosen lawyer.
Where is the Family Court located for filing divorce cases in Ahmedabad?
Divorce cases in Ahmedabad are handled by the Family Court, Ahmedabad. It is commonly located in the Old High Court Building, Near Income Tax Cross Roads, Navrangpura, Ahmedabad. Jurisdiction depends on where the couple last resided, got married, or where the respondent lives.
What is the process for Mutual Consent Divorce in Ahmedabad?
The key steps for a mutual divorce in Ahmedabad include:
* Both partners agreeing to divorce and settling terms (alimony, custody, assets).
* Living separately for at least 1 year (under Hindu Marriage Act).
* Filing a joint petition in the Family Court.
* Attending the First Motion hearing.
* Waiting through the 6-month cooling-off period (waiver possible).
* Attending the Second Motion hearing to confirm consent.
* Receiving the final Divorce Decree from the court.
Can I get a divorce in Ahmedabad if my spouse refuses?
Yes. If your spouse doesn’t agree to the divorce, you can file for a Contested Divorce in the Ahmedabad Family Court. You must state valid legal grounds (like cruelty, adultery, desertion for 2+ years, etc.) and provide supporting evidence.
Is hiring a lawyer necessary for divorce in Ahmedabad?
While not strictly mandatory, hiring an experienced divorce lawyer in Ahmedabad is highly advisable for both mutual and contested divorces. A lawyer ensures your rights are protected, paperwork is correct, procedures are followed, and agreements are legally sound and fair. Representation is crucial in contested cases.
What key documents are needed to file for divorce in Ahmedabad?
Generally, you’ll need:
- Proof of Marriage (e.g., Marriage Certificate)
- Address & ID Proofs for both spouses
- Passport-sized Photographs
- Proof of Separation (for mutual divorce)
- Income/Financial details (if alimony/maintenance is relevant)
- Evidence supporting grounds (for contested divorce).
Your lawyer will confirm the exact documents needed for your specific case.
How is alimony determined in Ahmedabad divorce cases?
Alimony (spousal maintenance) isn’t automatic. The Ahmedabad Family Court decides based on factors like the income, assets, liabilities, age, health, needs of both spouses, duration of the marriage, and standard of living. The aim is to achieve a fair and equitable arrangement.
How does the Ahmedabad Family Court decide child custody?
The court’s primary focus is the “best interests and welfare of the child”. Factors considered include the child’s age, emotional/physical/educational needs, the parenting capacity of each spouse, maintaining stability for the child, and the child’s preference (if old enough).
Is a customary divorce (like through a deed) legally valid in Ahmedabad/Gujarat?
Generally, no. While customs exist, a recent Gujarat High Court ruling highlighted that non-court customary divorces may not be legally valid unless that specific custom is proven to be legally recognised and continuously followed within that particular community. For legal finality and recognition (especially for remarriage or visa purposes), a divorce decree from the Family Court is necessary.
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