Frequently Asked Questions
What is the process for a mutual divorce?
A mutual divorce requires both spouses to agree to end the
marriage and live separately for at least one year. You file a joint petition under
laws like the Hindu Marriage Act (Section 13B), attend court hearings, and finalize
the decree, typically taking 6-18 months.
How long does a contested divorce take?
A contested divorce can take 2-3 years or more, depending on
disputes over alimony, custody, or other issues. It involves court hearings,
evidence presentation, and sometimes mediation attempts.
Can an NRI file for divorce in India?
Yes, NRIs can file for divorce under the Hindu Marriage Act,
Special Marriage Act, or Foreign Marriage Act, 1969 (Sections 18-19). We handle
jurisdictional and international legal complexities for you.
What are my maintenance rights after divorce?
Maintenance depends on the law: Section 125 CrPC, Section 24
Hindu Marriage Act, Section 20 Domestic Violence Act, or Section 3 Muslim Women Act,
1986. Courts assess income and needs to decide the amount.
How is child custody decided?
Custody is based on the child’s best interests. Courts may grant
sole, joint, or visitation rights, often favoring mothers for young children (under
5-7 years) while requiring fathers to provide support.
What if my spouse lives abroad and I want a divorce?
You can file under the Foreign Marriage Act, 1969, or relevant
personal laws. We coordinate with foreign jurisdictions and Indian courts to ensure
a smooth process for NRI cases.
Can I claim inheritance after a divorce?
Inheritance rights depend on laws like the Hindu Succession Act,
1956 (Sections 6-14) or Indian Succession Act, 1925 (Sections 32-49). We help secure
your share if disputes arise.
What is the role of family courts?
Family Courts (under the Family Courts Act, 1984, Sections 7-9)
handle divorce, maintenance, and custody cases with a focus on mediation and
reconciliation in a less formal settings