Divorce lawyer in Gurgaon

In Gurgaon, divorce is the only option in cases where marriage emotionally and physically is in ruins emotionally and physically. The laws that govern divorce within India comprise The Hindu Marriage Act, 1955, Special Marriage Act, 1954, Indian Christian Marriage Act 1892 in addition to the Dissolution of Muslim Marriage Act 1939. In Gurgaon divorce cases are handled by District Family Court, and it is a district court in Sector 45, Near Sadar Police Station,Gurugram

There are two kind of divorce:

• 1. Mutual Divorce
• 2. Contested Divorce

A divorce that is mutually agreed upon is easier and more speedy since both parties agree that the marriage should be ended. At court they present jointly filed petitions and the whole process generally lasts around six months which includes filing the initial and second motions jointly.

However when a divorce is contested, when one party is not interested in divorce, and takes an extended amount of time.The amount of time depends on the evidence and facts provided at trial.

If both spouses consent to the dissolution of their marriage with no conflicts, it's known as the mutual consent divorce. Here's how:

1. Draft a Settlement Agreement: Both parties will need to draft an agreement to settle the major issues that need to be addressed, including permanent maintenance or alimony, sharing of joint accounts(bank and other property) and the right to visitation or custody of children on behalf of their kids.


2. Filing the Petition:The joint petition of the couple is filed with the family court in accordance with the provisions of Section 13B of the Hindu Marriage Act, 1956 along with Section 28 of the Special Marriage Act, 1954. A crucial requirement is that they lived apart for at least one year.


3. First Motion Hearing: A court record the declaration given by both sides during their first hearing


4. Waiting Period: At minimum six months must have passed since the initial motion before the second is initiated.This is described in Section 13B.


5. Second Motion and Final Decree: The couple are scheduled to appear in the second court hearing after a period of six months.


6. Final Decree: The court records the couple's statements. If they remain in agreement with the divorce the court issues an order to dissolve the marriage with immediate effect.

A contestable divorce is one where one spouse files with another however the other spouse doesn't accept the filing. They generally take longer and are dependent on several factors, such as the existence of evidence as well as legal grounds. This is what you should be aware of:

1. No fixed date: The duration of the time will vary based on the specific circumstances and the evidence provided and the reasons behind declaring divorce.


2. Legal Grounds:The grounds for which a spouse files divorce must fall within the grounds provided by the law. They include:
   • Adultery: Infidelity of one spouse.
   • Cruelty:The spouse who is guilty commits physical or mental injury upon the person who suffers.
   • Insanity: A mental illness incurable that makes marriage unpalatable.
   • Desertion: Refusing to or leaving the spouse of the other for 2 years at.
   • Conversion:It occurs when one spouse becomes a convert to a different religion.
   • Renunciation: A spouse who has renounced the worldly lifestyle.
   • Incurable Diseases:Often associated with illnesses like severe leprosy.
   • Presumption of Death:A marriage where one spouse goes without communication for seven years or longer.


3. Legal Proceedings: During the course of hearings in court where parties present their arguments. Before deciding on a verdict the court examines the evidence.

A thorough understanding of the legal procedures involved is vital, regardless of whether you're involved in a mutually agreed-to or contesting divorce. Litem Legalis is a leading law firm,we have the top divorce lawyers in Gurgaon. who can guide you through the process expertly, securing your rights, and simplifying and making the process easier.

If you are considering the possibility of filing divorce in Gurgaon.It is crucial to determine the proper place of the petition. You could file your divorce application with the family court which is located in the region:

• The Wedding Took Place The location in which your wedding ceremony was held.
• Respondent's current residence: Where your spouse lives at the time of filing the petition.
• The last shared residence: The home in which the spouse and you shared a home.
• Petitioner's current residence (if spouse) If you're the spouse who is filing for divorce, you may apply in the region where you're currently.