How does a Mutual Divorce Differ from the Contested One

1. How Does a Mutual Divorce Differ From the Contested One? Marriages are known to create a strong bond between couples. Husbands and wives promise to stay committed to each other. However, unfortunate circumstances do not enable them to keep the promise throughout their married life. It results in separation, both mentally and physically. Ultimately, spouses go to the court to file the divorce case and get separated legally. Managing a divorce without legal guidance is not easy. So, you can go online to start your search- Who are the best divorce lawyers near me? You will surely find the most reliable lawyer to help you. According to Indian law, divorce can be of 2 types- Contested and mutual. It is important to identify the difference between these types of divorce cases. Mutual Divorce-

2. Both spouses have mutually decided to end their married lives. In this mutual divorce, there is no need to prove their claims. The married couples will go through a smooth process for divorce. It is also known as uncontested divorce because the wife and the husband have together decided on managing formalities like alimony, children’s custody, and division of property. Mutual divorce laws can vary with religions- According to Muslim laws, divorce is of 2 categories - extra-judicial and judicial. Mutual divorce for Muslims belongs to the extra-judicial category. Mubarat and Khula are 2 types of mutual agreements. According to Divorce Act, 1869, Christians also have the provision for dissolving their marital lives by mutual consent. Moreover, both parties can present their mutual divorce petition to the district court. They have to make their petition by showing evidence that they have been living separately for over 1 year. Similarly, they can withdraw the petition after 6 months. You can learn more about the mutual divorce from your divorce lawyers near me. Contested Divorce- As it is a contested version, one side does not agree with the other one. That is why the divorce process becomes complicated. When your spouse has committed a matrimonial offence, you can file a contested divorce. In most cases, cruelty is the reason for filing a divorce case. According to the amended Hindu Marriage Act, you can file a divorce when your partner has tried to harm you mentally and physically. Adultery is another ground for filing a divorce against your partner. However, you need to prove your charges against your spouse. It may not be easy to find the evidence. You should submit some documents to make your contested divorce process successful. For instance, these documents include your marriage invitation card, Aadhar card, proof of living separately, and marriage photographs.

3. Without a certified lawyer, you cannot win a contested divorce case. The legal professional will increase the chance of success in the legal trial. As the contested divorce involves a long and challenging process, you cannot avoid a lawyer’s help. There are some steps for filing a contested divorce. Your first step is to apply for the divorce by making a petition. Submit the petition to the court. Another party should be informed about the divorce case. The partner who has received the divorce notice needs to send a reply with different allegations. In some cases, the spouse is unable to do it and accepts the allegations. Now, both the spouses will deal with a court trial where they should produce their replies and counter replies in the court. Moreover, the court will declare hearings on different dates. After concluding the evidence, the divorce lawyer will advance the final agreements of both parties. So, you have understood the process of dealing with the contested divorce case in India. It is important to note that couples get 6 months to rethink their decisions on divorce. It is also known as the cooling-off period. Overall timeframe of the divorce process- After filing a mutual consent divorce, you will need to wait for at least 8 to 10 months to end the legal process. On the contrary, the process for contested divorce covers much time. Is your contested divorce convertible into mutual divorce? A contested divorce petition can be transformed into the mutual one. However, it is essential to file a new mutual divorce case. You need to fill out an application form for this purpose. But, you have to go through complicated steps for this conversion. You should persuade the judge to amend the petition. To sum up, a contested divorce in India is a one-sided divorce because one of the partners has made the petition. On the contrary, the mutual one is easily manageable. Still, you can hire a lawyer for any type of divorce. Moreover, your religion can make a slight difference in legal terms. A professional lawyer is always aware of them. He will guide you through the right path and remove your concerns.

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