How To Get Contested Divorce Easily In Majitha 2024

The most common grounds of the contested divorce has been discussed below with case laws briefly. One can file a contested divorce where the marriage of the couple took place. It can also be filed at the place where both the spouse resided together last or where the respondent resides. If a contested divorce is being filed by a wife then the place for filing the divorce is the place where the wife resides while filing the petition.

A contested or uncontested divorce petition must include information and details of both the spouses including their address. The divorce petition must also state the reason or ground for divorce, wishes of the spouse for custody of the child as well as the date of separation of the spouses if they have been living separately. It provides that at least one year must be completed from the date of the marriage for filing a mutual divorce.

Further contested divorces take a longer period to be resolved than the uncontested of mutual divorce. Therefore, contested divorces are expensive.

• Gathering documents- before heading for filing a contested divorce one may want to sum up and gather a lot of information as well as documentation for supporting his claims. The documents can include a list of assets, debts or documents related to the child.
• Finding an attorney- choosing the best suited lawyer is a crucial part of divorce. One must choose an attorney for their case who has daily presence in the court along with factors while choosing the attorney such as area of practice of the attorney and person of integrity. This helps the divorce petitioner have higher chances of winning his case.
• Preparing paperwork and filing- on meeting with the chosen attorney one can start discussing and elaborating the factors and circumstances along with reasons for him or her to file the divorce. One can seek a temporary restraining order in case of any substance abuse or domestic violence. Based on the information given by his client an attorney can start drafting the divorce petition and file it before the court of law which is generally family court in case of divorces. 
• Service of notice and response- a notice is also served on either spouses before filing the divorce petition on paying the court fees. One serving of the notice, there is a limited period within which a spouse is allowed to respond to the petition filed against them. Generally the period of responding ranges from 21- 30 days.
• Discovery- in this phase, information is exchanged between the spouses where marital as well as non-marital assets are disclosed. It includes debt, income, custody of the child and alimony.
• Settlement- on having full information on discovery, the court will move for settlement of points of consideration. Unresolved conflicts are reflected in these points concerning the divorce by the parties. The court can also refer to third party negotiation at this stage by mediation.
• Trial- 95% of the cases are solved outside the court whereas 5 % go through this stage. The case is presented before the judge by presenting evidence and witness testimony. Issues are determined in the court by the judges where dates for hearing and examining the witnesses is given. Before proceeding for trial, summons are served on the witnesses for attending the court proceedings.
• Order/decree and appeal- when issues are solved and concluded based on the arguments and evidence provided by the parties, order is passed or a decree is issued granting the divorce or denying it. An appeal can lie to the high court with jurisdiction over such family court and then to the supreme court from such an order granting the divorce or denial of it.