INTRODUCTION
Divorce is a dissolution of marriage, it end the responsibilities and obligations of marriage. The few things you should know before you decide which type of divorce suits you.
WHICH DIVORCE IS BEST FOR YOU
Practically speaking we can divide broadly into two types (1) Mutual Divorce or Uncontested Divorce and (2) Contested Divorce.
MUTUAL DIVORCE
Mutual divorce is also called uncontested divorce since couple is able to amicably negotiate the material terms of the divorce and do not need the court to divide assets or make determinations for them about spousal, Alimony, child support or custody, co-parenting. Divorcing couples negotiate the terms of their marital settlement without the threat of court order.
Uncontested divorce is an attractive option for a number of reason, such as time, cost, control and privacy.
BENEFITS
Affordable, fast, amicable, does not depend on court
NEGATIVES
Does not work if both parties cannot reach on their own
APPLYING FOR MUTUAL DIVORCE, IT’S CONDITIONS AND PROCEDURE
Click on the link below to read more about the mutual divorce, its conditions and procedure.
CONTESTED DIVORCE
If you and your spouse are at loggerheads over one or more marital issues, to the point that you can’t come to an agreement, then it will be up to a judge to decide those issues for you. This is what’s meant by a contested divorce.
Contested divorces are stressful, time-consuming, and expensive. You’ll go through a lengthy process of exchanging financial and other relevant information, mandatory settlement negotiations, and court hearings for temporary relief, such as interim alimony, for example, if warranted.
And if you can’t resolve the case after all that, there will be a court trial and thereafter court judgement. If one party is not happy or aggrieved he/she will apply for appeal aganist the trial court judgment.
BENEFITS
Suitable for divorcing couples that cannot agree on spousal, Alimony, child support or custody, co-parenting and sharing property.
NEGATIVES
Time consuming, stressful, expensive.
MUTUAL DIVORCE VS CONSTESTED DIVORCE
| MUTUAL DIVORCE |  | CONTESTED DIVORCE |
| Section 13B of the Hindu Marriage Act | Hindu Marriage Act, sections under which case is filed | Sections 11, 12 and 13 of the Hindu Marriage Act |
| Wife and Husband both decides the terms (may be with the help of their legal counsel) | Decision making | One spouse decides what he/she wants aganist the other and thereafter court judgment is binding on both parties |
| Petition is filed jointly | Petition filing | Filed by one spouse against the other for divorce and other reliefs |
| No grounds required | Grounds | You should fit your cases to the grounds available in law for divorce or alimony or custody etc |
| You can apply for waiver of six months and if court agree it will get over may be within a month, if not usually around 6 months and upto 18 months max. | Duration/time | It may take approximately 3 to 5 years in trial court. |
| You can have one advocate from beginning till end. | Advocate | Each party will have their own advocate to assist them in court. |
| Should be lesser compared to contested | Cost | Will be higher compared to mutual divorce since number of hearings are more and may drag for years and aggrieved may even prefer appeal/revision |
| Marriage documents to prove your marriage | Documents required | Marriage documents to prove your marriage. Further additional documents to prove the averments and support your relief |
| (1) Filing thereafter conciliation (2) Judgement | Steps involved | (1) Filing by wife or husband (2) Summons to opposite (3) Appearance of the opposite & objections (40 Court may decide on interim applications are interim reliefs (5) Trial – Evidence from each side and cross examination (6) Final arguments and judgements |
