HOW CAN I GET DIVORCE FROM MY HUSBAND

Is your husband cheating on you? Do you want to separate from your abusive husband? Have you planned for a better life ahead after your divorce? There are many reasons for which a girl partner does not want to spend the rest of her life with her husband. 

A marriage & good relationship must incorporate the commitment to support, love, trust & accept each other. But, sometimes this doesn’t happen due to whatever reasons. Both the partners or any one partner do not want to live together.

This post will help you to understand the correct legal steps to be taken to get a dissolution from your partner. Both Marriage & Mutual Consent Divorce involves a series of legal processes. If you don’t follow the rules mentioned in different laws then, you will face the consequences.

Do you want to separate from your husband but the husband is not ready? If any one of the partners is not willing to separate from you then, you can go for a contested dissolution. Similarly, If both the partners are ready & willing to separate from each other then, you can go for mutual consent  

Contested Divorce

Sometimes the wives get frustrated by the cheating, mistrust, bad behavior of their husbands. They do their best to live together peacefully. As we have seen many cases of women facing cruelty, brutality at their homes. 

But, there are certain laws & provisions in the Indian Constitution to uplift the conditions of women & empower them. Similarly, they can easily file for a contested divorce in court. Before filing for a contested divorce in court, you need to understand certain things.

The different grounds for filing for a contested divorce in court – 

1. Adultery – If your husband makes a sexual relationship with another woman then, it is known as adultery. It is applicable to both partners. With proper evidence, you can easily get a dissolution from your partner. Adultery is not considered a crime in India.  

2. Cruelty – According to a data report on the Statista Research Department, around 19 women out of 100 face domestic abuse by their husbands or relatives. If the husband or their relative forces the woman for dowry or any kind of physical pain then, it will be taken as cruelty. Cruelty is also taken as a ground for dissolution  

3. Conversion – If your husband has converted their religion to another then, you can easily file for a divorce petition in court. 

Let’s suppose both the partners belong to Hindu Religion before marriage but after marriage one of the partners converts their religion to another. 

4. Desertion – If your husband leaves you without any reason then, this situation is called desertion. With proper documentary evidence, you can file for divorce in court.

5. Serious Venereal Disease –  If your husband is suffering from serious diseases like HIV AIDS that can be transferred to you during sexual intercourse then, you can apply for dissolution in court. 

These are the different grounds for the contested divorce. The first & foremost thing is you have to support your dissolution petition with proper documentary evidence. You need proper proof against your husband. You should consult a legal advisor that will help you to explain the details & different laws. Also, you need to consider that contested divorces will consume more time & money. Whereas, you can easily get the Mutual Consent Divorce.

Mutual Consent Divorce 

When both the partners are ready to separate from each other & want to file a divorce petition in court, they must go for Mutual Consent Divorce.

Before filing a divorce petition in court, both the partners must be living separately for at least 1 year. You & Your Husband – Both of you have to file a divorce petition in court after an interval of 6 months. 

Let’s say, You have filed for mutual consent divorce petition in court. After 6 months, Your husband must have to file for the same mutual consent divorce in court. This time period of 6 months is called as cooling period. The complete process of mutual consent divorce takes around 6 to 8 months. According to the judgment of the supreme court, the 6 months of the cooling period can be reduced as this is not mandatory. 

Things to understand before applying for mutual consent divorce or contested divorce – 

1. A contested divorce is time-consuming & mentally exhausting. It is expensive as it takes more time around 1-2 years. The lawyer charges high fees for a contested dissolution. 

2. In mutual consent divorce, the wife cannot claim for divorce in court as it is processed on mutual understanding of both the partners. While in a contested divorce, the wife can claim for maintenance fees & alimony.

3. You should plan your future after your divorce. The decision to take a dissolution is one of the major decisions in your life. You will be free to take decisions in your life. You can enjoy your life without any bad relationship.

4. Consult an expert before making the decision for divorce. You should try to settle the dispute out of court.

Why You Should Choose Us?

1. Best Expert Advice – Lead India Law Associates have onboarded a lot of experienced dissolution lawyers. They will assist you in a much better way to solve your problem.
2. Full Support – You will get complete assistance from us till the completion of your dissolution process.
3. No Hidden Money & Online Dashboard – We have an excellent record of not charging any hidden fees from our clients. Also, you will get the receipt of all the payments. You can check the status of the case from the online dashboard.