Required Documents for Contested Divorce

Updated on August 29, 2024 04:49:53 PM

Contested Divorce is a type of Divorce in which the spouses have disagreements on several terms. It is a legal procedure for dissolving a marriage and getting freedom from an unwanted relationship in a lawful manner. In a contested Divorce, the petitioner has to deal with a complex procedure that requires several paperwork that aid in making a judicial decision.

However, the spouse must be aware of the complete documents that help to get a divorce in less time. In this article, we will provide the complete knowledge regarding contestant divorce and the comprehensive list of required documents for the contested divorce.

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What is Contested Divorce?

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.

Documents for Contested Divorce

  1. Petition for Divorce : The formal request for a divorce submitted to the court is known as a petition for divorce. The grounds and motivations for requesting the dissolution of the marriage are described in this paper.
  2. Marriage Certificate : A copy of the marriage certificate can be used to confirm the union's validity and existence.
  3. Evidence of Grounds for Divorce : Evidence supporting allegations of infidelity, abuse, abandonment, etc. may be included as grounds for divorce.
  4. Financial Statements : Records outlining the earnings, assets, debts, and expenses of both partners are used to calculate alimony, child support, and property divided.
  5. Child Custody Documentation : If there are children involved, records pertaining to their welfare, including certificates from their schools and medical histories, among other pertinent information.
  6. Property Records : Lists of all jointly owned and separately owned property, including real estate, vehicles, investments, and other priceless possessions.
  7. Proof of Residency : To confirm the court's jurisdiction over the divorce case, usually established by utility bills, rental agreements, or other means.
  8. Evidence of Counseling or Mediation : Some jurisdictions demand that partners seek mediation or counselling before filing for divorce. It may be required to document these meetings
  9. Photographic or Electronic Evidence : Photos, videos, emails, text messages, or other forms of evidence that can support claims made in the divorce proceedings.

Why Litem Legalis?

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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Conclusion

The process of going through a contested divorce is difficult and frequently traumatic. It is impossible to stress the importance of possessing the necessary paperwork. These records lay the groundwork for the court case and have a big impact on how it turns out. Each document is essential for proving one's claims, from financial records to proof of domestic problems. In order to make sure that all required paperwork is obtained, submitted, and presented successfully, it is also crucial to keep lines of communication open with a competent attorney throughout the process. People can manage the contentious divorce procedure with more clarity and preparedness if they scrupulously follow the document requirements.

Frequently Asked Questions (FAQs)

What is the Difference between Mutual Divorce and Contested Divorce?

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.

What is Alimony in the Divorce?

An alimony payment is a financial support one spouse is required to make to the other following a divorce or separation.

What documents serve as Evidence for the Contested Divorce?

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.

What are the Grounds for the 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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