Remedies For Mutual And Contested Divorce

1. Remedies For Mutual And Contested Divorce Not all marriages are said to last forever. Sometimes, things between a couple do not work well, and they decide to part ways. Divorce is a legal process that demands the official dissolution of marriage through a judicial procedure. Often, you look for a reliable divorceadvocate in Delhi. However, before you do so, you need to acknowledge the two definite types by which divorce can be carried out. One is by mutual understanding, and the other is by contesting. In this blog, we have come up with some legal remedies that can be followed in a mutual and contested divorce. So, without further delay, let's check out the remedies individually. Legal remedies in divorce by mutual contest •In divorce cases by mutual consent, the first task is to file a joint petition. Along with the petition, both parties have submitted relevant documents demanded by the court and the case. Then, both parties should duly sign the petition. •In the second stage, both the parties have to be present before the court on the hearing date. Both the spouses can bring their representatives on

2. the hearing day. This will be followed by the inspection of the petition submitted conducted by the court. After inspection, the court will first try to settle things between the parties and ask them to reconcile. However, if both the spouses withdraw the petition and disagree, the divorce procedure will be followed. •In the third stage, the court will pass an order to record both the parties' statements of oath. This will follow the passing of the order of the first motion. The first motion is six months granted to both the spouses by the court. •The fourth step involves the second motion, which has to be filled after the expiry of the six months. However, you have to keep in mind that filling the second motion should not exceed 18 months. If the case is dealt with in the supreme court, these six months can be waived only if the court feels that giving more time will increase the adversities between the two. Also, this time can be waived off by the supreme court if the parties have already discussed the custody of the children. •In the fifth step, the final hearing is conducted where both the parties have to be present •Finally, in the sixth stage, the court will pass the divorce decree only if it is fully satisfied with the justifications presented. Legal remedies in a contested divorce •In the first step of a contested divorce, a meeting has to be fixed with a reliable divorce lawyer who has experience in handling divorce cases in the past. •In the second step, the advocate responsibly analyses the facts of the case and files the petition with the family court. Here, the jurisdiction can occur in such a location where the parties last resided together. Then, a notice will be served to both the spouses either by the court or the advocate after paying a certain amount.

3. •In the third stage, both the parties are asked to appear before the court to justify why they cannot stay together. If the court feels that the issues can be resolved, the court will send the issue to the Legal Services Authority, where the conciliators will resolve the issue. If the matter cannot be resolved, the case will be taken forward. •If the matter is not reconciled, the opponent files a written statement to the divorce petition. Through this written petition, the respondent either denies or accepts the allegations raised against him. •Next, the court provides a reply to the petition to the applicant. Finally, both parties are supposed to get all the documents that have been used to file the petition. •Then, the court goes through all the documents submitted in support of the case and identifies the points or the unresolved conflicts that fall under the Order XIV of the Civil Procedure Code. •Finally, the court begins the trial by examining the witnesses on behalf of both parties. Before examination is begun, prior notice is served to both parties. Conclusion Therefore, now that you know the stages involved in a mutual and contested divorce, finding a divorce lawyer will be a more straightforward process. But, first, choose a divorce lawyer who is adept in the contested one, if that is what you are looking for or otherwise. Reference: https://www.metroflog.co/read-blog/47581_remedies-for-mutual- and-contested-divorce.html