Divorce filing can be a life-altering choice, and the ensuing legal process can be intimidating or perplexing. After a petition is filed, Indian law follows a set of steps regardless of whether the divorce is contested or mutual. Knowing these phases enables you to navigate what may be a protracted emotional and legal journey with knowledge and readiness.
What happens after you file for a divorce?
The first filing of the petition
When one or both spouses submit a divorce petition to the relevant family court, the procedure starts. In a case involving mutual consent, both parties sign and submit a united petition. In a disputed divorce, only one spouse commences the legal proceedings, while the other is served with a court notice.
Notice of Court Issues
The court notifies the other spouse (the respondent in disputed instances) formally after receiving the petition. This is to let them know about the proceedings and to give them an opportunity to show up in court and respond.
Reaction or Textual Declaration
It is the respondent’s right to submit a written reply in a contested divorce. This response could either confirm or refute the petition’s claims. It might also contain rebuttals or proof for their assertions. In an amicable divorce, this stage is bypassed since both parties are in agreement.
Mediation or Reconciliation Efforts
Indian courts frequently advise couples to attempt reconciliation before continuing. The judge may assign the couple to mediation by the court or allow them to work out their problems on their own. Reconciliation may result in the lawsuit being dropped. Otherwise, the legal procedure continues.
Problem Framing
The court determines the main issues to be settled in contentious divorces, such as cruelty, desertion, or custody, once the pleadings (petition and answer) are finished. This establishes the trial’s course.
Testimonies of Witnesses and Evidence
The evidence stage follows. The petitioner provides any supporting documentation, images, or other materials. Witnesses may be summoned for cross-examination. The responder then has the opportunity to present witnesses and counter-evidence. Depending on how complicated the case is, this phase may take a long time.
Concluding remarks
Both parties offer their last oral arguments following the presentation of all the evidence. Attorneys aim to persuade the court of their client’s position by summarising the case and emphasising the supporting evidence. This is your last opportunity to affect the court’s ruling.
Decision and Resolution
After considering all of the evidence, the judge renders a decision. The court issues a divorce decision if the parties are satisfied. In mutual consent divorces, this normally happens after the second motion (about 6 months after filing). It can take longer in contentious instances.
Appeal (If Useful)
Either party has 90 days to file an appeal with a higher court if they are unhappy with the decision. But not all cases are appealed, particularly when the ruling is unambiguous and agreeable to all parties.
Conclusion: In India, divorce entails a multi-phase legal process that, depending on the circumstances, may take months or years. While disputed divorces need extensive litigation, mutual divorces are usually completed more quickly. People may prepare emotionally, practically, and legally by being aware of each stage, which facilitates the process of finding closure.