Divorce Lawyers in Chennai

In recent times, there is a rising rate of divorce in India. The termination of marital relations is known as divorce. It gives the conclusion to the marriage bond.

Whenever a married person feels that they cannot continue living together, there is no other solution than divorce. The divorce law allows couples to marry again. It does not restrict the spouse.

The process of divorce is confusing when they don’t have legal assistance. Visit Lawyers plays a magnificent role in this legal action. We never fail to give justice to our clients.

Reason for divorce

1. Adultery
2. Money and Finances
3. Addiction
4. Communication issues
5. Problems with in-laws
1) Adultery

Thus, adultery the most common reason for divorce. When a spouse is having a sexual relationship outside the marriage is considered to be adultery. There are two ways to prove this adultery case in court. They are Direct evidence or circumstantial evidence. By these, you can get justice from the court.

2) Money and Finances

Financial support is the primary cause of divorce. It is the second leading cause of divorce. Most of the divorce case starts from the arguments for the need of money. If one of the spouses is suffering from a poor background, the other needs to support the spouse. If the spouse started to criticize the other, then it became the basement for the divorce cases.

3) Addiction

It is a common reason for divorce. Couples have divorced because of some addictions such as alcohol, prescription medication, gambling, and illegal substances are the most common reason for the divorce. The problem caused by the one partner led to the argument for the divorce. Many numbers of divorce cases may result in addiction issues.

4) Communication issues

If the relationship does not sit and have a conversation about their moves in the future, like what is not working, and deduce a solution for the plight, it may cause the divorce. A marriage that has communication issues leads to divorce.

5) Problems with in-laws

Indian marriages are fortified and inspired by family, but most of the espousement life ends by the same family. Research verbally expresses that about 60% of Indian espousement has divorced because of family difficulties. There are many horrific cases due to the in-laws.

Types of divorce

1. With Mutual consent divorce
2. Without Mutual consent divorce

With mutual consent divorce

When the spouses were mutually ready to end their marriage life, then, in that case, the married couples can seek a divorce from the court. However, the court does not dissolve the marriage abruptly. They give time to show that the pair have been living separately for over one to two years.

Without mutual consent divorce

Suppose any one of the spouses is unwilling to continue their married life. This is because of the cruelty, desertion, adultery, mental disorder, conversion of religion, renunciation of the world, etc.

Acts under divorce in India

1. The Hindu Marriage Act,1955
2. Dissolution of Muslim Marriage Act
3. Indian Divorce Act
4. Special Marriage Act, 1956

PROCEDURES FOR DIVORCE

1) Drafting and Filing of divorce petition

The first step is to file the divorce petition before the respective family court with paying the proper court fees. This should have to be in the appropriate procedure. Three territorial jurisdictions of the court need to be filed in the divorce petition. They are the husband and wife's last residing place, the present living place of the wife, the current living place of the husband.

The person needs to file the petition to initiate India's divorce procedures, who is seeking the divorce first. An experienced lawyer is required to guide the spouses.

2) Summons’s service

After filing of divorce petition giving them the notice to inform them that their spouse has already initiated the divorce process. The summons will send with a covering letter written on the letter pad of the advocate through the speed post.

3) Response

When the spouse receives the summon from whom the divorce is filed needs to appear in the court on the mentioned date. Suppose the other spouse fails to appear on the mentioned date in the summons. The judge will give the opportunity of an ex-party hearing to the petitioner. Then the court put an end to the process of divorce by passing an ex-party order of divorce.

4) Trial

In India, conducting a trial is the next step of the divorce procedure. The court hears both the parties along with the evidence and witnesses only after the submission of the respective petitions. The cross-examination of spouses, as well as evidences, will be conducted by the respective lawyer.

5) Argument

This is the most crucial step through the procedure of divorce. In this step, the respective lawyer proves their client's intentions, arguing before the court. This is the crucial step that matters a lot to win the divorce process proceedings.

6) Final order

The last step in the divorce proceedings is passing the final result to the divorce. The court undergoes a lot of chief and cross-examination to give the correct decision. This stage may destroy the marriage. If the spouse disagrees with the liberty given by the court, they can move to the higher courts.

Important factors

1. Settlement of property
2. Child custody
3. Alimony

1. Settlement of property

According to the ownership of the spouses at the time of divorce, the property gets settled.

2. Child custody

If the divorced people have a child, then the court must decide the child’s whereabouts. The court analyses the child’s interest, financial support, and living arrangements of the child. If everything is okay with the parent, then the court decides the children’s whereabouts.

3. Alimony

The non-custodial parents must support the custodial parents for the children’s expenses. They should pay a monthly allowance. Thus, children have the right to benefit from the income of both parents. When the husband and wife are ready to take the child’s custody, then the claim of alimony becomes stronger.

Divorce has a lot of procedures. If you don’t have a legal lawyer, then it feels risky. Visit Lawyers will never fail to give justice to the client. We support the client from the starting procedure to the ending process. We provide friendly support to our clients at an affordable price.

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