Are you stuck in an unhappy marriage, or are struggling in your married life? Are you caught in the clutches of cruelty and harassment from your spouse and in-laws, and are unsure about what legal remedies are available at your disposal?
Don’t worry, for there are provisions that you can utilize to alleviate your suffering and lead a better life. A contested divorce is a service that’s available to you if you desire separation from your spouse but are unable to get their consent. there are many grounds on which such proceedings can be initiated.
Laying Out The Ground Rules :
To start with, let us understand what the kind of charges and allegations are based on which you can file for a contested divorce. The institution of marriage is indeed a very sacred one and one cannot simply file for a contested divorce. Rather there are some criteria that must be met! One can only file of contested divorce for one of the following reasons: cruelty, desertion, adultery, impotence, vulnerable diseases and so on. If you have sufficient proof of any of the criteria above, you are eligible to file for a contested divorce.
A Walkthrough Of How It Works :
The first step is the drafting of your divorce petition, which is followed by filing the petition in the competent court. Divorce petition can be filed at places such as Your place of marriage, the place where you and your spouse lived together, or where your spouse is currently living can be some options to file for divorce. Only after all of this, can you enlist your divorce for an admission hearing. At this point, the court also issues a notice to summon the other party. Issues are framed by the court wherein points of adjudication are laid down. Both the parties produce their set of evidence and the arbiter assesses the evidence.
First, evidence is filed by the petitioner party and can be cross-questioned by the defense lawyer. After the due process is over, the defense party files their evidence and they’re after argument and final order.
Understanding The Advocate’s Duty :
To put it very simply, a contested divorce is just a formal way of seeking a divorce from your partner. This is something that you should exercise only when mutual consent is not possible. You will only be granted a contested divorce if your partner has committed a matrimonial offence, those of which are listed above!
You can explain your problems to an advocate and mutually decide on the best course of action for you. However, keep in mind that during the whole process, you need to be completely open and honest, as there is bound to be a lot to and fro. If you hide or withhold any information from your advocate, neither will you be able to get justice, nor will your advocate be able to represent the matter successfully.
If you’re searching counsel for a contested divorce, we recommend consulting a legal expert in family law. Not only will your lawyer handle everything from drafting, filing, arguing in your favor, and presenting the required documents in court, but will also help make the process hassle-free, and less stressful for you. If you wish to avail of our services, we will always be happy to lend you a guiding hand!
