Updated on September 25, 2024 05:44:40 AM
Marriage is a pure bond which is the combination of love, care, respect and some responsibilities. This bond needs several commitments that make a marriage happy and strong. Unfortunately, many scenarios arise where the spouses do not match his/her compatibility and need to dissolve the marriage. This divorce can happen either with the will of one or with the consent of both.
In this article, we will understand about the divorce, its types and the main difference between them. Individuals can make better decisions that are appropriate to their particular conditions by being aware of these distinctions.
Divorce is a process of ending a marriage or marital bond between two individuals in a legal way. It includes the legal dissolution of the marriage contract, which involves a number of issues like the division of assets and debts, choice of child custody and visitation schedules, and agreement on spousal support or alimony (if required). Divorce can be a complex process that requires a legal representative or attorney who conducts and addresses the procedure legally.
When considering divorce, it's essential to understand the two primary types i.e. mutual divorce and contested divorce. Each type has different process and implications for the parties involved.
Mutual Divorce is a lawful procedure in which a married couple mutually decides to end or dissolve the marriage. This divorce process is also known as the “Divorce by Mutual Concern”. This method of divorce provides a stressless way to get separation or dissolution.
Mutual Divorce is not only a legal procedure but also a mature and shared choice of both spouses. As a result of this method, mutual respect, understanding, and collaboration are prioritised.
A Contested Divorce is a type of divorce in which one or both of the parties disagree with the other's petition for a mutual divorce or if there is a disagreement between them regarding alimony, property, or a child. In those circumstances, individuals must ask the court for assistance with their marital separation. A disputed divorce might take anywhere between one year and six years to complete.
Here are the main differences between Mutual Divorce and Contested Divorce given below:-
| Mutual Divorce | Contested Divorce |
|---|---|
| Both Parties/ Spouses agree to the Divorce | Only one spouse agrees and one might oppose this divorce. |
| Mutual Divorce takes less time to complete the divorce procedure. | Contested Divorce is a time-consuming procedure due to court hearings. |
| Mutual Divorce is typically less expensive because of mutual conversion. | Contested Divorce is more expensive due to court fees, court hearings, etc. |
| In a mutual divorce, no evidence is required to submit. | Evidence is required to submit that supports the claim during the hearing (conducted by the court) |
| The Mediation stage is not necessary for Mutual Divorce. | Mediation is often required to resolve the issue in Contested Divorce. |
| Mutual divorce has more chances of resolution outside of court. | Contested Divorce Often ends up in court for decisions. |
| The Alimony is pre-decided by both parties in the Mutual Divorce. | In a Contested Divorce, the Alimony might be decided by the Court. |
| In the Mutual Divorce, there is less involvement of the Court. | There is a significant involvement of the court in the Contested Divorce. |
Before going with the divorce procedure the spouses must seek the lawyer's help. They aid in providing comprehensive guidance about this lawful procedure. Litem Leglis could be a good choice as an attorney or representative of yours.
Litem Legalis specialises in divorce processes, and we were founded with a mission to assist people during one of life's most difficult transitions. Our team of experienced lawyers utilises compassion and knowledge to provide our clients with the best possible representation, advice, and support as they navigate the challenges of divorce.
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Couples bargaining the complicated process of marriage separation need to understand the minor distinctions between mutual and contested divorces. Contrasted divorces can be marked by arguments, lengthy court participation, and higher costs, while mutual divorces offer a more cooperative, quicker, and often less emotionally difficult route. The decision between the two is primarily driven by the couple's ability to work together, their willingness to deal with the challenges at hand and their unique circumstances.
The primary difference between a mutual and contested divorce is that, in a mutual divorce, both parties agree to the divorce, but in a contested divorce, often just one party does.
An alimony payment is a financial support one spouse is required to make to the other following a divorce or separation.
Marriage certification, bank documents, communication records, property deeds, custody orders for children, affidavits, and proof of adultery or abuse can serve as evidence for Divorce.
There are several grounds for Divorce in India such as Cruelty, desertion, conversion, mental disorder, communicable disease and presumption of death.
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