The Importance of Hiring a Divorce Lawyer in Noida : Legal Aspects

Updated on June 24, 2025 06:01:03 PM

If you are looking for the best divorce lawyer in Noida, then this is the right place. At Litem Legalis, we understand that divorce is one of the most traumatic incidents that any person can be a part of. While marriage is Sacred bond, for some it becomes insufferable owing to reasons such as cruelty, adultery, desertion, or incompatibility. Our team of experienced divorce lawyers in Noida has a commitment to provide sensitive and professional legal support with an aim towards safeguarding your rights. Whether the divorce sought is a mutual one, or it is contested, or issues relating to alimony, custody of children, or maintenance are there, we try to make the process easier. With vast knowledge of Indian divorce laws, Litem Legalis fights for the best results to befall upon you and your future.

Table of Content

What is the divorce process in Noida ?
Mutual Consent Divorce process in Noida
Contested Divorce Process in Noida
Where Can You File for Divorce in Noida?
What is the cost of divorce in Noida?
How can “Litem Legalis” help you?

What is the divorce process in Noida ?

In Noida, divorce is the only option left when marriage practically and emotionally is beyond repair. The laws that control divorce in India are the Hindu Marriage Act, 1955, Special Marriage Act, 1954, Indian Christian Marriage Act, 1892, and Dissolution of Muslim Marriage Act, 1939. In Noida, divorce cases are handled at District Family Court, and that falls under district court at Surajpur in Greater Noida.

There are two kind of divorce:

1. Mutual Divorce
2. Contested Divorce

A mutual divorce is more straightforward and faster because each partner agrees that the marriage has to come to an end. In court, they submit a joint petition and the entire scenario generally takes roughly six months, involving filing the first and second motions together.

On other hand, a contested divorce is when only one participant wants the divorce, it take much time.The time frame depends on the facts and evidence presented in the case.

Mutual Consent Divorce process in Noida

When both spouses mutually agree to dissolve their marriage easily without any conflict , it is referred to as a mutual consent divorce. Here’s how it works:

Draft a Settlement Agreement: Both sides of the party will have to prepare a settlement agreement on the key issues which include permanent alimony or maintenance, division of joint accounts (bank and property), and child custody or visitation rights over their children.

Filing the Petition: A joint petition by the couple is made to the family court under Section 13B of the Hindu Marriage Act, 1956, and Section 28 of the Special Marriage Act, 1954. An important necessity is that they have lived separately at least one year.

First Motion Hearing: The court records the statement made by both sides in their first hearing.

Waiting Period: At least six months must pass after the first motion before the second motion can be initiated. This is contained in sub-section 2 of Section 13B.

Second Motion and Final Decree: The couple appear for the second motion after a six month period. The court again records their statements. In case both of them still agree to the divorce, the court issues a decree dissolving the marriage with immediate effect

Contested Divorce Process in Noida

A contested divorce is a divorce in which one party files with another but in which the other spouse does not agree to it. They usually take a bit longer and depend on many factors, like the availability of evidence and legal grounds. Here is what you should know:

No Fixed Timeline: The length of time depends on the situation, including that of the evidence shown and the reasons for filing for divorce.

Legal Grounds: The ground on which the spouse files for divorce must be among those provided in law. These include:
- Adultery: Infidelity by one spouse.
- Cruelty: One spouse willfully inflicts physical or mental pain on the other.
- Insanity: Incurable mental illness which makes marital life intolerable.
- Desertion: Leaving or abandoning the other spouse for at least two years.Conversion: This is when one spouse converts to another spouse's religion.
- Renunciation: One spouse renouncing worldly life.
- Incurable Diseases: Afflicted with diseases such as extreme leprosy.
- Presumption of Death: A marriage where one spouse goes without communication for seven years or longer.

Legal Proceedings: During the process, there are court hearings at which parties introduce their arguments. Prior to delivering a verdict, the court looks into the evidence.

An understanding of the legal steps involved is essential, whether you are engaged in a mutual consent or contested divorce. At Litem Legalis, we have the leading divorce lawyers in Noida who will guide you through the proceedings with skill, securing your rights and simplifying and smoothing out the ordeal.

Where Can You File for Divorce in Noida?

When considering filing for divorce in Noida, it's essential to know the appropriate jurisdiction for your petition. You can file your divorce application in the family court that covers the area where:

The Marriage Took Place: The location where your marriage ceremony was conducted.
Respondent's Current Residence: Where your spouse is living at the time you file the petition.
Last Shared Residence: The place where both you and your spouse last lived together.
Petitioner's Current Residence (if Wife): If you're the wife filing for divorce, you can file in the area where you're currently residing.

What is the cost of divorce in Noida?

The cost of obtaining a divorce in Noida can vary based on several factors:

Legal Fees: At Litem Legalis, a leading firm with the best divorce lawyers in Noida, fees for our services vary depending on the specific details and complexities of your case.
Type of Divorce: Mutual consent divorces and contested divorces have different fee structures.
Case Complexity: For contested divorces, the fees depend entirely on the facts, merits, and intricacies involved.

How can “Litem Legalis” help you?

If you are searching for a divorce lawyer in Noida, then Litem Legalis is here to guide and assist you with the best legal advice on the whole divorce process, whether it is gaining of child custody, filing a mutual or contested divorce, maintenance claims, or annulment of marriage. We will stand with you during every step and ensure that your rights are well guarded and your case is treated with devotion.

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