Contested Divorce: Grounds, Procedure, and Documents Required

Updated on July 08, 2024 07:59:35 AM

A contested divorce is the most common form of divorce seen in India.
People are slowly recognising the harsh realities of their marriages and making choices to enter healthier ones.

Divorce Matrimony is complicated! But so are relationships as well that could harm your physical and mental health.

A Contested Divorce is a form of divorce where either of the partners disagrees for mutual divorce or any dispute regarding property, child, and alimony is in between them. In those cases, they have to seek help from the court for their dissolution of marriage.

Uncontested or Mutual Consent Divorce is a legal action taken by both husband and wife when they decide to end their relationship and get divorced on a mutual basis. In simpler words, when both parties (husband and wife) mutually agreed to divorce, it is called Mutual Consent Divorce.

A proper petition needs to be filed with mentioning of grounds under which they want to divorce their respective partner. Without proper grounds (grounds mentioned under law), no one can file for divorce in court. Now let’s look at the grounds on which one can file a petition for a contested divorce in court.

Note: Apart from these grounds, there are some more grounds under which any partner can initiate a contested divorce. These possible grounds could be impotence, husband's imprisonment, leprosy, failure to provide maintenance, and few others.

While filing a petition for a Contested divorce, certain documentation needed to be attached with the petition. The documents that are mandatory for filing contested/unilateral divorce are as follows:

1. Marriage Proof or Photographs of Marriage
2. Aadhaar card of both husband and wife
3. Marriage Invitation Card
4. Evidence of Staying separately for a year
5. Evidence relating to the failed attempts of reconciliation

The petition for Contested Divorce can be filed at the Family court of the city where they last lived together, such as their marital home, where the marriage was solemnised, or where the wife currently resides.

The simplest way to file a contested divorce in India is with the help of Litem experts. Why should one consider us? Here are some reasons:

1. A contested divorce requires an expert divorce lawyer either in prosecuting or defending a divorce case. Such an expert divorce lawyer guides, strategize, and plan the whole action. Effective planning by divorce lawyers increases the probability of success in the trial for a favorable outcome.
2. Contested Divorce is a long process requiring professional work and approach. A good Divorce lawyer takes these challenging and arduous tasks with his expertise and your counsel through a turbulent and emotional time.

Obtaining a contested divorce is a time-consuming procedure. The procedure for contested or unilateral divorce in India is as follows:

The charges for contested divorce vary according to the case to case, but the best you could avail in the market is from Litem.