What Documents are Required for Divorce in India?

Updated on August 29, 2024 11:22:07 AM

Divorce is a complex procedure that helps end a marriage legally. There is a lot of paperwork and documents needed for this process. Affidavits, marriage certificates, residency proofs, and income proofs are all common documents. It is also necessary to include any paperwork pertaining to child support and custody.

In this article, we will discuss all the documentation deeply and enhance the understanding of the process. We will also discuss how to collect the necessary documents and how to submit them.

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What is Divorce?

Divorce is a lawful procedure to terminate the marital bond through filing a petition in the court. It can cause emotional and mental damage to both individuals. Divorce includes several stepwise procedures for succeeding the separation in a legal formation. This divorce process is a long and complex process, and it needs to be done carefully and responsibly. According to different nations, faiths, or communities, the divorce procedure and law may change.

The Complete Procedure of Divorce

The commonly required documents for both kinds of divorce in India are given below:

  • At the initial stage of the Divorce, the spouse has to file a petition in the court for the divorce. In this petition, they have to submit all appropriate documents that are clearly mentioned below and also have to clear the grounds of the divorce.
  • If it is a Contested Divorce the court sends a notice to the spouse (who does not want a divorce) to inform him/her regarding the petition filed by their partner (who wants a divorce).
  • Just after filing the petition, the court proceeded with the statement recording of both. All these statements are in written form and provide a thorough explanation/information about the grounds of Divorce.
  • When the written statement goes to the court, the judge conducts a hearing for an open argument and listens to both side's claims and grounds for the divorce. This scenario basically occurs in a Contested Divorce.
  • After hearing the arguments from both parties and if the court is convinced of the grounds of divorce, they grant a six-month waiting period.
  • After the waiting period, if no negotiation between both spouses and they are ready to end the relationship, the court accepts their divorce. This is the final Decree of the court where they legally dissolute the bond of the marriage.

Required Documents for Divorce

Here is a more comprehensive list of documents that may be required for divorce in India:

  • Marriage Certificate
  • Address proof of husband and wife
  • Details of their profession and remuneration via Salary slips
  • Income tax returns of the last 3 years
  • Information regarding their family
  • Details of assets owned by them
  • Photographs of marriage
  • Evidence to show spouses lived separately for over a year

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

Divorce is a difficult process, and it can be confusing and overwhelming to know what documents you need to file. It is important to check with the court in your jurisdiction to find out what specific documents you need, as the requirements may vary. You may also want to consult with an attorney to get help with the divorce process and to ensure that you have all of the necessary documentation.

Frequently Asked Questions (FAQs)

What is Divorce?

A divorce is a legal procedure that ends a marriage through a legal petition.

What are the grounds for Divorce in India?

There are several grounds for Divorce in India such as Cruelty, desertion, conversion, mental disorder, communicable disease and presumption of death.

What is Mutual Divorce?

A divorce by mutual consent or mutual divorce occurs when both partners want separation.

What is the Special Marriage Act?

The Special Marriage Act establishes secular marriages for Indian citizens under the Indian Parliament. Divorce grounds are also outlined in the Act.

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