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Contested Divorce
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Contested Divorce
A contested divorce occurs when one spouse does not agree to the divorce or disputes the terms of the divorce, requiring court intervention.
In Pune, the process typically takes 9 months to 3 years, depending on the case's complexity and court schedules.
Common grounds to file contested divorce in Pune include cruelty, adultery, desertion, mental disorder, conversion, incurable disease and irretrievable breakdown of marriage.
Essential documents include marriage certificates, proof of residence, evidence supporting the grounds for divorce and identification documents.
Legal fees generally range from ?40,000 to ?1,00,000, depending on the lawyer's experience and case complexity. Additional fees may apply.
Yes, you can file for a contested divorce in Pune without your spouse's consent, but the court will require evidence supporting the grounds for divorce.
Consider mediation, ensure all documents are complete, hire an experienced lawyer and attend all court hearings promptly.
Yes, the court can order maintenance or alimony based on the financial needs and circumstances of the spouses.
Detailed Procedure - Contested Divorce
Procedure to take contested divorce in Pune-
Step 1. Approach lawyer and let him know
all the facts and issues.
Step 2. Provide details as to facts and
issues. (See details)
Step 4. Read carefully and send notice
through RPAD.
Step 5. Wait for reply until stipulated
time in notice.
Step 6. If reply received, ask your
lawyer to take further steps.
Step 7. If reply not received, ask your
lawyer for filing of contested divorce.
Step 8. Check Jurisdiction of the
Court
Step 10. Ask lawyer to make affidavit
ready.
Step 11. Ask your lawyer to make E-filling
of case.
Step 12. Take online oath and confirm
filling.
Step 13. Administrative staff examines
petition.
Step 14. Lawyer removes office
objections, if any.
Step 15. Administrative staff provides case
number.
Step 16. Court pass first order as issue
notice to Respondent.
Step 18. If Respondent did not appear,
the Court proceed ex-parte.
Step 20. The Court proceed with the
matter either ex-parte or contested.
Step 21. The Court starts trial as to framing
of issues, evidence, hearing etc.
Step 22. On a successful completion of
trial of the case, the Court provides
Final order.
Important Aspects
Before and during the contested divorce agreement, several important aspects should be carefully considered to ensure a fair and amicable resolution. Here are some key aspects to take into account:
Think, Discuss, Consult and Decide
Familiarize yourself with the legal grounds for divorce under the relevant personal laws. In India, these could include cruelty, adultery, desertion, irretrievable breakdown of marriage, etc. Ensure that your case falls under one of these grounds.
Engage a qualified family law attorney who specializes in divorce cases. They can provide guidance on the legal process, represent you in court, and help with gathering evidence.
Consider the financial impact of a contested divorce. This includes legal fees, court costs, and potential alimony or maintenance payments. Make sure you understand the financial implications for both parties involved.
Be prepared for the division of marital property and assets. This can include real estate, bank accounts, and other personal belongings. Understand how assets will be divided according to the applicable laws.
If you have children, decide on custody arrangements and child support. The court will prioritize the best interests of the child, so consider how to present a plan that supports their well-being.
Gather and organize all necessary evidence to support your claims. This could include documents, communications, and other relevant materials.
A contested divorce can be stressful and emotionally draining. Be prepared for a lengthy process and consider seeking counseling or support groups to help you cope.
Explore the possibility of mediation or settlement discussions. Sometimes, parties can reach an agreement outside of court, which can be less adversarial and more cost-effective.
Make sure you file the divorce petition in the correct court. In Pune, this would typically be the Family Court or the District Court, depending on the specifics of your case.
Ensure you have all necessary documentation, such as marriage certificates, proof of grounds for divorce, and any other required forms.
Educate yourself about the divorce process, including filing the petition, attending court hearings, and possible appeals. Being informed will help you navigate the legal system more effectively.
Consider whether alternative dispute resolution methods, such as arbitration or collaborative divorce, might be viable options for resolving your issues more amicably.
Documents Required
Marriage Certificate � �
Proof of marriage is essential. This can be the marriage certificate issued by the registrar or a religious institution.
Proof of Residence: �������
Documents proving your and your spouse�s current addresses, such as utility bills, rent agreements, or property documents.
Aadhaar Card/Identity Proof: ����
Copies of identity proof for both parties, such as Aadhaar cards, passports, or voter IDs.
Proof of Grounds for Divorce: ����
Evidence supporting the grounds for your divorce petition. This might include:������������� � �����
�����������������For Cruelty: ����Documentation or evidence of abusive behavior.
�����������������For Adultery: ����Proof of infidelity.
�����������������For Desertion: ����Evidence showing abandonment or lack of cohabitation.
Income Proof: ����
Details of your income and financial status. This can include salary slips, income tax returns, and bank statements. This is particularly important if there are claims for alimony or maintenance.
Property Documents: ����
Papers related to any property owned jointly or separately, such as sale deeds, property tax receipts, or mortgage documents.
Children�s Documents: ����
If you have children, include their birth certificates and any documents related to their education and healthcare. This is relevant for custody and support arrangements.
Communication Evidence: ����
Copies of relevant communication between you and your spouse, such as emails, text messages, or letters, that support your claims.
Affidavit of Evidence: ����
An affidavit detailing your case and evidence. This document is a sworn statement made in support of your petition.
Petition and Pleadings: ����
The original divorce petition and any additional pleadings or affidavits that have been filed or will be filed.
Bank Statements:����
Recent bank statements of both parties, particularly if financial issues are in dispute.
Any Court Orders: ����
Copies of any previous court orders or decrees related to the marriage, if applicable.
Medical Records: ����
If relevant to your case (e.g., for cruelty or health issues), include any medical records or reports.
Witness Statements:� � �
Statements from witnesses who can support your claims. These may need to be sworn affidavits or formal declarations.
Dos and Don’ts
During contested divorce proceedings, it's important for both parties to conduct themselves responsibly and in accordance with legal and ethical standards. Here's a list of dos and don'ts to consider:-
Dos Icon Image
Engage a skilled family law attorney who specializes in contested divorces. They can provide expert advice, represent you effectively, and help you navigate the legal system.
Keep meticulous records of all documents, communications, and evidence related to your case. This includes financial records, evidence of grounds for divorce, and any court filings.
Adhere to the guidance provided by your attorney. They will help you understand legal procedures, deadlines, and strategies specific to your case.
Ensure that all communications with your spouse, their attorney, and the court are clear and professional. Avoid confrontational or emotional language.
If you have children, focus on their best interests. Propose reasonable custody and support arrangements and work to minimize their stress.
Be present for all scheduled court appearances. Absence can negatively impact your case.
Maintain your composure and act professionally throughout the process. Emotional outbursts or aggressive behavior can harm your case and your reputation.
Consider mediation or alternative dispute resolution methods if both parties are open to it. This can sometimes lead to a more amicable resolution and reduce legal costs.
Educate yourself about the divorce process, your rights, and legal procedures. Understanding the process helps you make informed decisions.
Make sure your financial records are accurate and up-to-date. Be aware of how the division of assets and liabilities will affect you.
Don’ts Icon Image
Avoid negative or harmful behavior such as making derogatory remarks about your spouse in public or on social media. This can be used against you in court.
Disregarding your attorney’s advice can jeopardize your case. Follow their instructions carefully and consult them with any questions or concerns.
Full disclosure of your assets and liabilities is required. Attempting to hide assets or financial information can have serious legal consequences.
Focus on the legal issues rather than personal grievances. Personal attacks can escalate conflicts and detract from your case.
Be punctual with all court deadlines and filings. Missing deadlines can lead to delays and may negatively affect your case.
Avoid making hasty decisions out of anger or frustration. Take time to consider the long-term implications of any actions or agreements.
Adhere to any temporary orders or rulings issued by the court. Violating these orders can lead to legal repercussions.
The divorce process can be emotionally taxing. Make sure to take care of your mental and physical health, seeking support from friends, family, or a counselor if needed.
Understand that the initial court decisions are often provisional and subject to change. Keep track of all developments in your case.
Avoid discussing the details of your case publicly or on social media. Public discussions can be used against you and may complicate your legal proceedings.
Pros and Cons
contested divorce, where both spouses agree to end their marriage without assigning blame or Fault to either party, has several advantages and disadvantages
Pros
A contested divorce allows for a judicial resolution to disputes that cannot be settled privately. This can result in a legally binding decision on contentious issues.
The court process provides legal protections and ensures that your rights are safeguarded. This can be especially important in complex cases involving significant assets or child custody.
If you are entitled to alimony, child support, or a share of marital assets, a contested divorce allows you to formally seek these entitlements through the court.
The contested divorce process is structured and guided by legal procedures, which can help ensure that all issues are addressed in a systematic manner.
If you disagree with the court’s decision, you have the right to appeal. This provides an opportunity for review and potential modification of the ruling.
Cons
Contested divorces can be time-consuming, often taking several months or even years to resolve, depending on the complexity of the case and court schedules.
The financial cost of a contested divorce can be substantial, including legal fees, court fees, and potentially expert witness fees. This can be a burden, especially if the case is prolonged.
The adversarial nature of a contested divorce can be emotionally draining. Protracted legal battles can increase stress and conflict, affecting your mental health and well-being.
Court proceedings are a matter of public record, meaning that details of your personal life and the divorce can become part of the public domain.
A contested divorce can strain relationships with your spouse and, if applicable, affect your relationship with children and other family members.
A contested divorce can strain relationships with your spouse and, if applicable, affect your relationship with children and other family members.
Costs involved in contested divorce
Lawyer fees generally-
INR 40,000/- to INR 70,000/-
DISCLAIMER
*The fee structure mentioned below is for information and understanding purpose only. The Adv. Ritu and Associates and/or No other lawyer is binding to work in above structure. The figures are representative in nature, in order to know the viewers about approximate costs involved in the process. The range mentioned above may slightly vary depending upon facts of case and lawyer. NRI clients may require flexibility in service like waiver of period, priority based hearings, video-conferencing, exemption of attendance, proceedings through POA Holder which will be charged extra and differs with the factors like lawyer, nature of case, time consumption etc.
Frequently Asked Questions
In Pune, anyone who meets the legal requirements and grounds for divorce under Indian law can file a contested divorce. This includes individuals who are legally married and wish to contest the dissolution of their marriage due to issues like irretrievable breakdown of marriage, cruelty, or other valid grounds.
To file a contested divorce in Pune, you need to:
- Prepare Petition: Draft a divorce petition stating the grounds for contesting the divorce.
- File Petition: Submit the petition to the Family Court in Pune.
- Pay Fees: Pay the court fees associated with filing.
- Serve Notice: Serve a copy of the petition to your spouse.
- Attend Hearings: Attend court hearings and provide evidence as required.
It's advisable to consult a lawyer for assistance throughout the process.
- Prepare Petition: Draft a divorce petition stating the grounds for contesting the divorce.
- File Petition: Submit the petition to the Family Court in Pune.
- Pay Fees: Pay the court fees associated with filing.
- Serve Notice: Serve a copy of the petition to your spouse.
- Attend Hearings: Attend court hearings and provide evidence as required.
To file a contested divorce in Pune, you need to:- Consult a Lawyer: Seek legal advice and prepare the divorce petition.
- File Petition: Submit the petition to the Family Court in Pune.
- Pay Fees: Pay the court filing fees.
- Serve Notice: Serve a copy of the petition to your spouse.
- Attend Hearings: Participate in court hearings and present evidence.
A lawyer can guide you through the specific steps and requirements.
You should file a contested divorce at the Family Court situated in Shivajinagar, Pune. The Family Court in Pune has jurisdiction over family-related matters, including divorce, child custody, and maintenance, within the Pune district.
Adv. Ritu and Associates is one of the best divorce law firm in Pune for Divorce related matters.
In case other party do not appear in Court, The court will proceed with matter ex-parte.
In Pune, Ex-parte divorce proceedings occur when one spouse proceeds with the divorce case in court without the participation or presence of the other spouse.
The court will decide the matter on merit by taking into consideration possibility of reconcilition, gravity and truthfulness of allegations and parties willingness etc.
The contested divorce process in Pune typically takes around 9 months to 3 years, depending on the complexity of the case and court schedules.
To save time in a contested divorce process in Pune, consider:- Settling Outside Court: Explore mediation or negotiation.
- Prepare Thoroughly: Ensure all documentation and evidence are ready.
- Hire an Experienced Lawyer: Choose a lawyer skilled in handling contested divorces efficiently.
- Attend Hearings Promptly: Avoid delays by attending all court dates.
To expedite a contested divorce in Pune:- Seek Mediation: Attempt settlement through mediation.
- Prepare Thoroughly: Have all documents and evidence ready.
- Hire a Skilled Lawyer: Choose an experienced lawyer for efficient handling.
- Follow Court Procedures: Adhere to all court requirements and deadlines.
The fee for a contested divorce lawyer in Pune typically ranges from ?40,000 to ?1,00,000, depending on the lawyer's experience and the complexity of the case.
The fee for a contested divorce case charged by Adv. Ritu and Associates: Divorce Lawyer in Pune typically ranges from ?40,000 to ?1,00,000, depending on the lawyer's experience and the complexity of the case.
The fee for a contested divorce lawyer in Pune typically ranges from ?40,000 to ?1,00,000, depending on the lawyer's experience and the complexity of the case. some lawyers charges Rs. 25,000/- to Rs. 50,000/- additional for fast services.
About
Welcome to Adv. Ritu and Associates: Divorce Lawyer in Pune, your trusted lawyers in Pune, specializing in divorce and related matters. With extensive experience in handling both mutual consent and contested divorces, we are dedicated to providing personalized and efficient legal solutions to meet your needs.
Our Services:- Mutual Consent Divorce: We simplify the process by ensuring all agreements are clear and comprehensive, guiding you through every step to achieve a swift resolution.
- Contested Divorce: Our team is adept at navigating complex disputes, advocating for your interests while striving for a fair and just outcome.
- Comprehensive Legal Support: From documentation to court proceedings, we offer end-to-end support to make the process as smooth as possible.
- Expert Advice: Our specialists provide clear, practical advice tailored to your specific situation, helping you make informed decisions.
At Adv. Ritu and Associates, : Divorce Lawyer in Pune, we prioritize your peace of mind and work tirelessly to achieve the best possible results in every case.
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