The process of divorce in India can be daunting and extremely difficult for both men and women who are going through it.
Women in India (or the world for that matter) have limited rights and opportunities, thanks to male dominance and the misogynistic approach of society as a whole.
Without the knowledge of certain things, they may not know what to do or how to go about it.
We are not targeting males through this article in any way, rather this is just a small effort to make sure that no one is left behind because of a lack of practical or legal knowledge.
1. The first thing you need to do is gather your finances and any other important documents
The first thing you need to do is gather all your financial documents, important papers with addresses, and contact numbers of friends or family members who may be able to help you.
You don’t want to have a last-minute panic attack because there’s something that needs fixing urgently but can’t find the document at home.
It will take time for your finances and any other important documents to update as per your wise, do not panic.
You need to know how much money you have in the bank, what kind of accounts are available for withdrawal (if necessary), where do you keep all your financial transactions records?
- Make a soft copy of everything – take pictures of all the important documents and save them to at least two places e.g. a hard disk or cloud storage and not just in your phone.
- ask your best friend or a family member to have a copy of the same too
- make sure you have enough money to stand for yourself and not depend on anyone
- change the passwords of your bank accounts to play safe
- use governments women helping centers to get or upgrade your documents
2. The process for filing for divorce in India is complicated but reliable
Yes, this is a harsh reality and the courts are upgrading themselves too but that’s not enough.
We are trapped in a never-ending cycle of dates, appointments, court hearings, and this results in more stress and miseries.
But the process of divorce is not that complex as other civil or criminal matters if you follow the guidelines correctly and have all the necessary documents.
If not, then there can be a delay or even worse, the petition could fail because of an error on paperwork done by the lawyer or party themselves which would lead to disappointment and more time spent trying again!
Have faith in the legal system of India – which is now more inclined to women thanks to some exclusive laws for them.
If you both have finally decided to come out of this relationship then better go for mutual divorce and not contested divorce. Mutual divorce is not complicated at all and it is more pocket-friendly too.
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3. If you are the petitioner, you need to provide evidence of your spouse’s misconduct or adultery, or desertion.
A woman needs to know that if she is the petitioner, then she has to prove her spouse’s misconduct and infidelity in order for the divorce petition to be considered.
This should not worry a woman because usually there are enough proofs available – such as emails, chats, etc- which can help establish this fact!
If you want your case to go smoothly without any complications or delays due to paperwork errors on your behalf then better get an experienced lawyer and follow his/her advice!
Please do not make mistakes in divorce – know some common mistakes during a divorce process and learn from them.
You must not blame the husband on mere speculation. We have come across several cases where the wife has accused the husband of serious offenses on the basis of nothing but speculation.
This not only destroys the pure relation of marriage but also affects the child or wife’s own future too.
You must also not forget to provide evidence of your own misconduct in case the court orders a trial.
The divorce petition may be rejected if one side alleges just for ulterior motives and without any corroborating evidence.
If there is no fault on either party then it’s possible to get a mutual dissolution with consent from both parties, or even an annulment depending upon what you want and what can be done legally under Indian Laws.
The petitioner has to prove that her spouse did something wrong – such as adultery, desertion, cruelty, etc- which entitles him/her to file for divorce.
4. You will need to find a lawyer who specializes in matrimonial law
If you are going for mutual divorce, you both may hire the same lawyer but in a contested divorce – the better the lawyer is, the more chances of you winning the case may be.
An advocate who has good and practical experience in divorce matters will always be preferable.
The legal notice which you want to send must be professionally and well written. The notice is not just any piece of paper but the base of the case – it must be clear and highly professional.
Never think that only a woman lawyer can fight better for woman clients – this is a misconception.
An advocate fights for the client, not for the gender.
If you are shy or skeptical about hiring an advocate, take help from your trusted friends and family members. Or, feel free to contact us any time of the day.
5. To get child custody, prove that you are the better parent
Most of the time, it is not necessary to prove that you are better than your spouse or partner in order to have child custody. It is enough if you can show that both parents love their children and want what’s best for them.
However, there may be some situations where one parent wants more control over how the other parent raises his or her kids. This would include cases where:
–The other parent has a criminal history (like drug abuse)
-The other parent doesn’t maintain contact with the kid because they’re working abroad or highly busy on the job
– The other parent keeps changing jobs frequently so they don’t provide stability for the kids
In such cases, try establishing yourself as an active part of your kid’s life by showing how you can do a better job of parenting in these circumstances.
It is natural that the mother has a more inclination towards her child but never make your love come in the ultimate welfare of your child.
- Do not try to take away the child from the husband just because you do not like him. Please understand that he is also the parent of the same child.
- Try to make this a mutual thing and not one-sided because of one’s possessiveness towards the child.
- Make sure you have adequate resources for the child’s positive growth.
- A child may want both. Do not talk ill about the other parent to change the child’s mind.
Remember, the welfare of the child is the ultimate factor while deciding on child custody by the court.
It is important for the woman to take care of herself by taking legal help and being adequately prepared before filing any divorce petition in court.
There are many aspects that a woman should consider first, after all, she is not just fighting her husband but also society as well.
In India where women are still seen as unequal to men, it might be difficult for them to stand on their own without knowing who they will have on their side during such a crucial time so make sure you know what you want and whether you can live with that or not.
Picking up the fight alone means it only gets tougher every day. Make sure this decision is taken for the right reasons and that it will be respected by society as well.
Do not leave any aspect unattended because this might come back to haunt you later.